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Dealing with legal separation or divorce is infinitely more complicated when children are involved. Custody battles can be complicated. But here are a few basics you need to know about laws on child custody in Daphne, AL. 1. Joint Custody Is Preferred Alabama State law lets judges decide custody on a case-by-case basis. However, there's a clear preference to ensure that children have frequent and meaningful contact with both of their parents. In essence, ideally, parents share joint custody of their children. If it's at all possible for you and your ex to work things out, then you can continue to co-parent even as you go your separate ways. 2. Several Factors Are Considered Important When the court determines who gets custody of a child, several factors will be considered. These include but are not limited to the following: - Age and gender of the children
- Existing relationship between the children and each parent
- Current living arrangements
- Impact on the children if the current living arrangements are changed
- Preference of the child if age and maturity of the child allows
- Characteristics of the children and the parents seeking custody
Alabama state law doesn't favor one of these factors over another. Each case is unique, so the court considers every case based on its own unique facts. 3. It's Not about Finding Fault There are a lot of reasons to get divorced. But whether your ex cheated on you or just forgot to take out the trash every morning, custody decisions are not about finding fault. Misconduct, such as adultery, doesn't prevent one parent from getting custody of the children. Of course, if there is a legitimate reason why one partner shouldn't be raising the children, then that needs to be addressed in court with the help of an experienced lawyer. 4. It's Not about the Money Whether you're the main wage earner or the one who will receive alimony after the separation, custody decisions are not about the money. Judges will not consider the high-earning party to be more or less likely to become the custodial parent. Instead, the major factor in deciding who gets custody of your children is whatever is in the best interest of each child. As you can see, the laws on child custody in Daphne, AL, allow for some wiggle room. That's why only a family attorney is qualified to help you with your particular case.
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