Custody is referred to as the legal and physical upbringing of a child. This can be a very confusing and contentious area of Family Law. At J Hardy Family Law, we work closely with our clients to make sure they not only understand the aspects of Custody and Visitation, but we also fight hard for our clients to help them obtain the best options for their children.
Child custody is a deeply emotional and complex issue that many families face. In Birmingham, Alabama, child custody lawyers are dedicated to helping parents navigate this challenging terrain. Custody can be categorized into two main types: legal and physical custody.
Legal custody involves making decisions about raising a child. This includes choices related to academics, non-emergency medical care, dental care, extracurricular activities, civic and cultural activities, and the child’s religious upbringing. If a parent has sole legal custody, that parent alone has the authority to make these important decisions. Joint legal custody, on the other hand, allows both parents to share decision-making responsibilities based on what is best for the child. Alabama law generally favors joint legal custody, encouraging both parents to be involved in their child's life.
Physical custody pertains to where the child lives and the time-sharing arrangement between parents. Sole physical custody means that the child primarily resides with one parent, who is responsible for the day-to-day care of the child. The other parent may be granted visitation rights to ensure they maintain a relationship with their child. In joint physical custody, the child’s time is divided between both parents, allowing the child to spend significant time with each parent.
Custody agreements are critical documents that outline the specifics of custody arrangements. These agreements consider several factors, including:
The best interests of the child
The child’s age and sex
The emotional, material, and educational needs of the child
Each parent's ability to meet these needs
The home environment of each parent
The age, stability, and mental and physical health of each parent
The relationship between the parent and the child
The relationship between the child and their siblings
Recommendations from professionals, such as psychologists
The child's preference, if they are of an appropriate age
The behavior and background of each parent also play a significant role in determining custody arrangements. Factors such as a history of substance or alcohol abuse, neglect, domestic violence, spousal cruelty, untreated mental illness, religious affiliations, and activities that could negatively impact the child's development and safety are all considered.
When one parent has sole physical custody, the other parent is often granted visitation rights. These rights are determined based on what is in the best interest of the child and can include various schedules to accommodate factors like distance, the safety and wellbeing of the child, and the parent’s ability to provide a stable environment. Courts may allow supervised visitations or, in extreme cases, deny visitation rights altogether if the child's safety is a concern.
When creating a parenting agreement, the child's best interests are always the top priority. Child custody lawyers in Birmingham, AL, like Jessie Hardy, are dedicated to drafting specific and effective custody agreements that protect the child and support family stability. These lawyers are committed to helping families mediate agreements or litigate cases to ensure that children are placed in the most nurturing and supportive environments.
Contact us today to schedule a consultation for your custody or visitation questions, and let us help you navigate this crucial aspect of family law.