Child Custody Shaw Family Law is a Recognized Leader in Divorce and Family Law

Birmingham Child Custody Lawyer

Seek Help From Our Child Custody Legal Team in Birmingham

Child custody refers to the legal rights and responsibilities a parent or guardian has over the care, upbringing, and decision-making of a child. It determines where the child will live and who will have the authority to make important decisions about their education, healthcare, and general welfare. By clearly defining legal and physical custody, parents can better navigate their responsibilities and rights, ensuring a smooth process in securing a stable environment for their children.

At Shaw Family Law, we are deeply familiar with the Birmingham legal environment, and we integrate this local knowledge when advising our clients. Our approach ensures that your child custody case is handled with both the legal acumen and personal sensitivity it requires.

Why Choose Us? 

Whenever possible, the state of Alabama prefers to award custody to both parents in the aftermath of a divorce. This does not necessarily mean that physical custody will be equally shared, but it does give both parents the same decision-making authority. Joint legal custody prevents either parent from making unilateral decisions relating to education, extracurricular activities, religious upbringing, and health care. The Birmingham child custody lawyers at Shaw Family Law can help you better understand the difference between joint legal custody and joint physical custody. Our team is committed to guiding you through the process, ensuring that every decision made considers your family's unique dynamics and prioritizes the well-being of all involved.

What Sets Shaw Family Law, LLC Apart?

We take divorce cases seriously. If you have questions about your case or your rights as a parent during a child custody battle, we are here to help. Contact us at (205) 259-7650 to request a consultation

Compassionate Family Law Attorney

"During my 30 years in the practice of Family Law, I have seen it all. The diversity of my clients and their particular circumstances has given me a broad exposure to the various circumstances and events that ultimately bring a person to a divorce lawyer. My clients are beneficiaries of those years of experience, and the expertise I have gained along the way."

- Paul Shaw

Types of Child Custody in Alabama

In Alabama, child custody is generally divided into two main categories: legal custody and physical custody, which can be further classified into different arrangements:

  • Legal Custody: The right to make major decisions about the child’s life, including education, healthcare, and religious upbringing.
    • Joint Legal Custody: Both parents share decision-making responsibilities.
    • Sole Legal Custody: One parent has exclusive authority to make major decisions for the child.
  • Physical Custody: Determines where the child will primarily live.
    • Joint Physical Custody: The child spends substantial time with both parents.
    • Sole Physical Custody: The child primarily lives with one parent, while the other parent may have visitation rights.
  • Split Custody: If there are multiple children, each parent may have full custody of at least one child.
  • Third-Party Custody: In rare cases, a non-parent (such as a grandparent or relative) may be granted custody if both parents are deemed unfit.

How Are Child Custody Arrangements Determined?

If parents are able to agree upon child custody arrangements on their own, such arrangements will usually be recognized and honored by the court. If mutual agreement cannot be reached, a custody decision must be rendered by a judge. Family courts in Alabama prioritize these decisions according to the perceived best interests of the child. 

Factors Considered in Alabama Child Custody Cases:

  • Existing parent-child relationships
  • Any history of domestic abuse
  • Geographic location of each parent
  • Parental willingness to cooperate
  • Wishes of the child

Frequently Asked Questions

Can custody arrangements be modified after the initial court decision?

Yes, custody arrangements can be modified if there is a significant change in circumstances that affects the best interests of the child, such as a parent's relocation, changes in the child's needs, or issues involving a parent's behavior. Seeking a modification requires demonstrating the change to the court and proving how the modification will benefit the child, ensuring that the child's best interests remain paramount.

What should I do if I believe my ex-spouse is violating a custody order?

If you believe your ex-spouse is violating a custody order, you should document the incidents and consult with a legal professional. You may be able to file a motion with the court to enforce the custody order. When considering such actions, it's essential to provide clear and detailed evidence of violations to facilitate a swift and just resolution in court.

How can I help my child adjust to a custody change?

To help your child adjust, maintain open communication and stability in their routine, listen to their concerns, and consider providing access to counseling if they are struggling with the transition. Giving your child the support they need during this period can positively influence their adaptability and foster resilience in the face of change.

What steps should I take before initiating a child custody case?

Before initiating a child custody case, it's important to gather all relevant documentation that supports your position, such as records of communication with the other parent, evidence of involvement in your child's life, and any pertinent legal documents. Consulting with a child custody lawyer early in the process can help you understand your legal standing and prepare appropriately. At Shaw Family Law, we provide initial consultations to help you assess the strengths and challenges of your case, ensuring that you are well-prepared from the outset.

What factors could influence the judge's decision in my custody case?

In Birmingham custody cases, judges consider multiple factors, including the mental and physical health of parents, the children's needs and preferences, and the ability of each parent to provide a stable environment. The court may also consider previous behavior, including any history of substance abuse or neglect. Our legal team at Shaw Family Law provides detailed guidance on what to expect during court proceedings, helping you prepare a compelling case that clearly demonstrates your ability to meet your child's needs. 

Establishing Parent-Child Visitation in Birmingham

In circumstances where one parent is awarded physical custody, the other parent is usually awarded rights of unsupervised visitation. The state of Alabama has implemented a standard visitation schedule to help families establish a court-sanctioned visitation routine. In its simplest form, the non-custodial parent gets to spend every Wednesday evening and every other weekend with their child. The non-custodial parent also gets half of each summer vacation and alternating holidays. This structured schedule is designed to maintain parental involvement and ensure that both parents have an opportunity to play an active role in their child's life, adapting as necessary to accommodate unique family needs.

 

Call (205) 259-7650 to speak with an experienced Birmingham child custody lawyer.

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Why Choose Shaw Family Law, L.L.C.?

  • Av® Preeminent™ Rated by Martindale-Hubbell®
  • Named a Top Family Lawyer by Birmingham Magazine
  • Listed in Super Lawyers® by Business Alabama Magazine
  • Top 40 Under 40 by Birmingham Business Journal
  • Recognized by Bhm Biz Magazine as a Top Flight Attorney
  • Recognized by Mid-South Super Lawyers

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