Montgomery Child Custody Lawyers

Custody is broken down into two forms. These include physical custody which refers to where and with whom the child lives and legal custody which gives a parent the right to make major decisions about the child’s life and wellbeing. Either form can be joint or sole custody. In basing their decisions concerning custody arrangements, the courts operate on what is in the best interests of the child. 

Alabama custody law describes joint custody as assuring that children have a frequent and continuing relationship with their parents, providing that these parents have shown that they can act in their children’s best interest and can share in the rights and responsibilities of parenting them. While joint custody is the preferred form of custody, it does not necessarily mean that the time spent with children will be equal between the parents. Many factors will influence this such as proximity of the parents’ households, school and daycare considerations, and more.

Sole physical and legal custody is generally only awarded in cases where the safety of the child may be in question, such as where a parent has a history of domestic violence, drug or alcohol abuse, or criminal activity.

Parenting Plans

Parenting plans are written agreements between parents that set forth how you and your co-parent will continue to care for your children and how the time with them will be shared. It will lay out a time-sharing schedule that should account for special events, vacations, holidays, emergencies, and more. Its  details should also include how to resolve disagreements so as to avoid high-conflict situations. 

Parents can create their own parenting plans and submit them to the court for approval. Where parents cannot agree on custody and its arrangements, it will fall to the courts to decide.