Child Custody &
Visitation Rights
Generally speaking, custody and visitation disputes are decided by Alabama courts under the best interest legal standard. When parents cannot agree on decisions regarding where a child should live, what kind of parenting time schedule should apply, and other important details regarding the day-to-day life of a child, then the court may have to hear testimony and step in to decide those matters. Such cases are among the most contentious and high-conflict disputes in the legal system.
In those cases, the judge will decide what he or she believes the be in the best interests of the child. This standard applies to original custody determinations where custody has not already been adjudicated in any prior case. The best interest standard is a very broad analysis and many factors may be relevant, such as age of the children, the respective home environments of the parties, the characteristics and needs of each child, the characteristics of those seeking custody, the capacity and interest of each parent to provide for the emotional, social, moral, material, and educational needs of the children, the preference of the child (if the child is of sufficient age and maturity), and the report and recommendation of any expert witness or other independent investigator.
In some cases, the court may appoint a guardian ad litem to look after and protect the interests of the children. The guardian ad litem will conduct an independent inquiry and make recommendations to the court as to what may be in the children's best interests. In more difficult cases, the court may appoint a psychologist to conduct a family evaluation and provide a report to assist the court. If there are substance abuse issues present, one or both parents may be tested for drug or alcohol use during the proceedings.
In any event, contested custody and visitation cases are rarely simple and often involve many issues to bring before the court. Although most parents are able to reach amicable resolutions regarding their children, it only takes one unreasonable party to dig their heels in and require everyone (including the children) to be involved in the court process.
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If you need representation in a child custody or visitation dispute, you should obtain an attorney who has years of experience litigating these cases. At Davis Family Law, we will always prioritize the best interests of your child above everything else. Our legal team has prepared countless cases involving child custody and visitation issues and we are here to help your family as well.
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Contact us to book an appointment today and discuss your child custody concerns.
Davis Family Law, LLC | 1420 Government Street | Mobile, AL 36604
Phone: (251) 444-5332 info@davisfamlaw.com