What is a pendente lite hearing in Alabama?
In Alabama, you can file a motion for temporary relief, also called pendente lite relief. This type of motion asks the court to make temporary orders to get you through the time when your divorce is pending.
What age can a child refuse to see a parent in Alabama?
There is no specific age when Alabama courts must consider a child’s opinion. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference.
What makes a parent unfit in Alabama?
The bill now defines an unfit parent as one who “fails to properly care for his or her child and maintain the emotional health and overall well-being of the child in such a manner the failure will seriously harm the child.”
Can a child choose which parent to live with in Alabama?
Under Alabama law, custody of any child(ren) of the marriage may be granted jointly or to either parent by court decision (order). Because joint custody is presumed to be in the best interests of the child(ren) in Alabama, the judge shall consider joint custody in every case.
How do I file for temporary custody in Alabama?
You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition.
How do I get visitation rights in Alabama?
You must fill out and file a court form. If you already have custody and support orders, fill out a Petition for Visitation Orders. What if I was never married to the mother of the children? If you are not listed as the legal father of the child/ren, you will have to prove to the court that you are the father.
What is parental kidnapping in Alabama?
A charge related to kidnapping (because the charge involves taking physical control of another) is interference with custody. A person commits the offense of interference with custody if he or she takes or entices: A minor child (under age 18) from the child’s parent or lawful custodian; or.
How can a mother lose custody of her child in Alabama?
At times the presence of fault by one of the parties may affect the custody decision. However, in and of itself, misconduct, such as adultery, is not an absolute bar to receiving custody. Misconduct by a party may affect custody cases where the misconduct has a demonstrated effect on the children of the marriage.
Is Alabama A mother State?
Historically, Alabama laws did, in fact, favor the mother over the father, regardless of the facts and circumstances of the case. This is no longer true. However, child custody in Alabama is now decided based on the best interests of the children. Failing to prepare for your child custody case.
What is an urgent hearing family court?
An emergency hearing is one heard on the same day as an application is made. It is also known as an ´abridged hearing´.