3 Common visitation schedules in divorce in Mobile, AL

by Walter Gewin | Mar 25, 2024 | Alabama, Children, Custody, Divorce, Family, Family Law, Mobile, Visitation

3 Common visitation schedules in divorce in Mobile, AL

While divorces are far from one size fits all, there are a few common visitation schedules in divorce in Mobile, AL.

In uncontested divorces and divorces settled by agreements, visitation schedules can vary according to the terms the parties agree upon.

Also in the event the visiting party is found to be on drugs or dangerous, visitation can be restricted to supervised visitation, daytime only, or supervised visitation at the Family Center.

Absent extenuating circumstances just mentioned and assuming that a divorce case proceeds to trial, visitation schedules are often as follows in Mobile, AL:

Standard Visitation

Both of our judges in Mobile, AL have a standard visitation schedule wherein one parent has physical custody and the other parent has “standard visitation.”

This visitation schedule is the most commonly utilized type of visitation schedule in Mobile. The visiting parent has the child(ren) every other weekend Thursday through Sunday, and the weeks that the visiting parent does not have weekend visitation, they have visitation from the release of school on Thursday through return to school Friday morning.

Additionally, with standard visitation, the parents divide the holidays. Each parent has a week with the child(ren) during Christmas break, alternating which parent gets the first or second week of Christmas break every other year.

The visiting parent also has alternate year spring break and Thanksgiving break with the child(ren). For summer, each parent has the child(ren) for one month, with the custodial parent having the kid(s) for the first two weeks of June and the first two weeks of July, and the visiting parent having the last two weeks of June and July.

Additionally, the child(ren) are with the mother on Mother’s Day weekend and with the father on Father’s Day weekend.

Joint Physical Custody

If parties receive joint physical custody of their child(ren), the parties typically rotate the custody of the kid(s) on a weekly basis.

Joint custody visitation may then be further expounded upon to give the parties a larger amount of uninterrupted visitation in the summer, designated time with the child(ren) on Mother’s Day and Father’s Day, specified Christmas Eve/Day visitation, and alternate Thanksgiving and spring break visitation.

Joint Custody is not the standard visitation schedule for divorces in Mobile, AL, however both of our Judges have been known to order Joint Physical Custody in certain cases at their discretion.

Out of State Visitation

Should the visiting parent live out of state, the visiting parent’s visitation will more than likely resemble some form of out-of-state visitation.

This visitation schedule allows for regularly scheduled visits for the visiting parent as well as accommodation for the visiting parent if the visiting parent makes additional efforts to visit the child(ren) in the city where the child(ren) resides.

In this visitation schedule, one parent has physical custody and the other has visitation.

The visiting, nonresident parent typically has visitation one weekend per month from Friday to Sunday, to be exercised in the city in which the child(ren) reside, provided the non-custodial parent shall provide 7 days’ notice to the custodial parent of their intent to exercise said visitation.

In the summer the visiting parent often will be allotted a larger amount of summer visitation, such as 6 weeks, due to the longer distance between them and the home of the minor child(ren) and the ability of the kid(s) to visit due to school not being in session.

The visiting parent also gets a week with the minor child(ren) at Christmas, alternate Thanksgiving, and alternate spring breaks.

Additionally, often the visiting parent will also get the ability to visit with the kid(s) any other time when the visiting parent is in the hometown of the child(ren) provided he gives notice beforehand, said visit is no longer than 48 hours, and said visit will not interfere with the kid(s) school.

Again, the facts in every divorce are unique and Judges can tailor custody and visitation as needed. While these are the most common visitation schedules that result from divorces in Mobile, AL, every case is different.

Judgments of Divorce are final and the terms therein regarding custody and visitation last until the children become adults.

_DevinFord-HerlihyFamilyLaw-03202023061RTcrop

Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.

Read Full Bio

Mobile Child Custody and Visitation Cases where the Parents Have Never Been Married to Each Other

by mighty | Jan 20, 2023 | Visitation

In Mobile County, all child custody and visitation cases where the parents have never been married to each other are heard in Juvenile Court by a District Court Judge. For many years, this judge was the Hon. George Brown. Effective January 2023, Judge Brown has retired and his replacement is the Hon. Linda Jensen.

Judge Jensen has issued an updated standard visitation schedule, which represents a significant expansion of visitation from the former schedule that has been in place for the past decade or longer. If you are a never-married parent with a custody and visitation issue with your child and you have never been to court, this will affect the outcome of your case. If you have been to court before and have a court order already, it may be time for you to consider a modification. For more information, please contact our office to schedule a consultation.

Here is Judge Jensen’s standard visitation schedule:

Standard in-town visitation

Weekday: alternate Thursdays following the weekend when the non-custodial parent exercises visitation from the time the child(ren) gets out of school on Thursday until Friday when the child(ren) is scheduled to return to school. In the event the child(ren) does not have school during the weekday visit, then it shall begin at 3:00 p.m. on Thursday and end at 8:00 a.m. on Friday.

Weekend: alternate weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m.
(The Court does note that specific holiday visitation set out below takes priority over the alternate weekend visitations; so, when there is a conflict between an alternate weekend visitation and the specific holiday award, whoever is awarded the specific holiday can have the child(ren) during the holiday time and the alternate weekend time does not have to be made up later.)

Thanksgiving: alternate Thanksgivings with the minor child(ren) beginning with Thanksgiving in odd-numbered years. (The primary custodial parent shall have alternate Thanksgivings with the minor child beginning with Thanksgiving in even-number years.) The time shall be from 3:00 p.m. on Wednesday until the following Sunday at 6:00 p.m.

Spring Break: Spring Break holiday in even-numbered years. (The parent with primary physical custody shall have Spring Break in odd-numbered years.) The time shall be from Friday at the start of the Spring Break week at 6:00 p.m. until the Sunday after Spring Break week at noon.

Summer: The last two weeks (14 days) of June and the last two weeks (14 days) of July. (The custodial parent shall have the first two weeks of June and the first two weeks of July as custodial periods, uninterrupted by the normal mid-week visit).

Christmas: In even numbered years, from 9:00 a.m. on December 18th until 6:00 p.m. on December 25th, and in odd numbered years, from 6:00 p.m. on December 25th until 6:00 p.m. on the following January 2nd. The parent with primary physical custody shall have the opposite.

Other: In addition, the child shall be with the mother on Mother’s Day weekend and with the father for Father’s Day weekend, from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

This is the minimum and not the maximum visitation. The parties are encouraged to expand the visitation to fit the best interests of the child(ren). Visitation is further allowed as otherwise agreed by the parties.

How Visitation Rights are Granted in Mobile, Alabama

by mighty | Nov 16, 2020 | Visitation

In every Court, visitation rights are granted based on the “best interests of the child” standard. Parents have the right to have visitation and contact with their children, and that right will not be restricted unless there is proof that there is some risk or danger to the child, such as in instances where substance abuse or domestic violence is involved.

Although every case is different, the Domestic Relations Court in Mobile, Alabama has published their standard visitation order – this represents the schedule of visitation that will be entered in a case unless there is a compelling reason, involving the best interests of the child, to either expand or restrict the visitation in some fashion.

Here are the details of the Standard Visitation Order for Mobile, Alabama:

a. Weekday: alternate Thursdays following the weekend which the non-custodial parent exercises visitation from the time the child(ren) gets out of school on Thursday until Friday when the child(ren) is scheduled to return to school. In the event the child(ren) does not have school during the weekday visit, then it shall begin at 3:00 p.m. on Thursday and end at 8:00 a.m. on Friday.

b. Weekend: alternate weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. (The Court does note that specific holiday visitation set out below takes priority over the alternate weekend visitations; so, when there is a conflict between an alternate weekend visitation and the specific holiday award, whoever is awarded the specific holiday can have the child(ren) during the holiday time and the alternate weekend time does not have to be made up later.)

c. Thanksgiving: alternate Thanksgivings with the minor child(ren) beginning with Thanksgiving in odd-numbered years. (The primary custodial parent shall have alternate Thanksgivings with the minor child beginning with Thanksgiving in even number years.) The time shall be from 3:00 p.m. on Wednesday until the following Sunday at 6:00 p.m.

d. Spring Break: Spring Break holiday in even-numbered years. (The parent with primary physical custody shall have spring break in odd-numbered years.) The time shall be from Friday of the start of the Spring Break week at 6:00 p.m. until the Sunday after Spring Break week at noon.

e. Summer: The last two weeks (14 days) of June and the last two weeks (14 days) of July. (The custodial parent shall have the first two weeks of June and the first two weeks of July as custodial periods, uninterrupted by the normal mid-week visit).

f. Christmas: In even numbered years, from 9:00 a.m. on December 18th until 6:00 p.m. on December 25th, and in odd numbered years, from 6:00 p.m. on December 25th until 6:00 p.m. on the following January 2nd. The parent with primary physical custody shall have the opposite.

g. Other: In addition, the child shall be with the mother on Mother’s Day weekend and with the father for Father’s Day weekend, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. This is the minimum and not the maximum visitation. The parties are encouraged to expand the visitation to fit the best interests of the child(ren). Visitation is further allowed as otherwise agreed by the parties.

Minimization of emotional trauma on children. Both parents shall encourage the minor child(ren) to love, respect and honor the other parent. Neither of them shall attempt to alienate the other parent from the children, or do anything to diminish the affection of the minor child(ren) for the other parent. Neither party shall disparage or allow others to disparage the other parent to, or in the presence of, the minor child(ren). The parties shall make every effort to avoid talking about the specifics of the legal divorce process with or within the hearing of the minor child(ren).

Moral environment. Both parties shall maintain a fit and moral environment for the child(ren). Neither party shall have as an overnight guest a person with whom they are in a romantic relationship or any person of the opposite sex, to whom the party is not related, while such party is exercising custody or visitation of the minor child(ren).

Substance abuse. Neither party shall use alcohol to excess or illegal drugs while they have custody or visitation of the child(ren) nor permit the same to be used by any person in the presence of the child(ren). Neither party shall abuse prescription drugs while they have custody or visitation of the child(ren).

Child’s health care. Each party shall ensure that the child(ren) take(s) all medication prescribed to him/her/them by a doctor and that he/she/they take(s) such medication exactly as instructed by a doctor. In accord with Code of Ala. § 30-3-154, the parties are reminded that they both are to play a role in the child(ren)’s healthcare decisions. Both are entitled to be present for all doctor/dentist appointments. Each party shall keep the other party informed of any/all healthcare appointments of any kind for the child(ren). They shall inform each other enough in advance that each party can arrange to be present at all healthcare appointments for the child(ren).

Telephonic communication. The parties shall each be allowed reasonable telephone contact with their children while they are in the custody of the other party. If the parties cannot agree on what constitutes “reasonable,” such shall mean a fifteen (15) minute phone call with each child each evening at 7:00 p.m.

School and extracurricular events: Each party shall have the right to attend the child(ren)’s school, religious and extracurricular activities, and neither party shall attempt to hinder the other’s ability to participate in the same. In the event the child(ren) has field trips or other events allowing only one parent to participate, the parties shall alternate with one another. Neither party shall take any action to alienate the other from the child(ren)’s teachers, coaches, or other providers. If summer school is required to pass to the next grade, each parent will see that the child(ren) attend(s) summer school during their summer custodial periods. Likewise, during the normal school year, both parents will see that the child(ren) attends school on days that school is in session during their custodial periods of time.

What is the Role of a Guardian Ad Litem?

by mighty | Aug 28, 2017 | Alabama, Children, Custody, Divorce, Family Law, Legal Advice, Significant Decisions, Visitation

A Guardian ad Litem’s job is to represent the best interests of the child in any given case, and the Guardian Ad Litem does not represent either of the parents. As such, the Guardian Ad Litem cannot give parents legal advice. Parents must turn to their own lawyers when they need legal advice. If the parents need assistance in presenting evidence, gathering witnesses, etc to advocate for their own position in a case, that is a job for their own attorneys as well, and not the Guardian Ad Litem.

Although the Guardian Ad Litem can make recommendations to the court about custody and visitation in those types of cases, the GAL does not “rule” or make the final decision. Ultimately, only the Court can make the final decision on a case. Of further note is that the Guardian Ad Litem is forbidden from having ex parte communications with the Court. An example of an ex parte communication would be if the GAL had a private conversation with the judge about the case outside of the presence of the attorneys for the parties. As such, the GALs recommendation typically takes the form of a written report that is filed with the Court and thus made simultaneously available to all parties. Some judges do not request recommendations from the GALs and merely expect them to advocate for the child as any other attorney.

In some cases, a GAL may be appointed for a parent or spouse because that person is a minor themselves or is otherwise incapacitated due to mental or physical illness or disabililty. The GAL’s job remains to advocate for the best interests of their client.

Outside of custody and divorce cases, a GAL can be appointed for a minor or incapacitated person in all types of civil lawsuits and their specific role may differ.

What is a Guardian Ad Litem?

by mighty | Mar 6, 2017 | Alabama, Children, Custody, Divorce, Family, Family Law, Legal Advice, Mobile, Significant Decisions, Visitation

When it comes to divorce, child custody and visitation disputes are no picnic. These events can be a very emotional and intense process. Frequently in divorce, child custody, or visitation disputes a Guardian Ad Litem, also known as a GAL, will be appointed.

In Alabama, a GAL is an attorney appointed by the court to represent the “best interests” of the child or children involved. A GAL’s duty is not necessarily to advocate for what the child wants which can sometimes be opposed to what is in the child’s best interests. The Guardian Ad Litem will often be asked to present a report and recommendation to the Court for consideration at the conclusion of the case, and, while the Court will take into consideration the recommendation of the GAL, the Court is not bound by what the GAL recommends.

A Guardian Ad Litem is not only appointed in divorce and custody cases but might also be appointed in cases such as;
• Minors involved without living parents
• Juvenile Delinquency Cases
• Child Abuse and Neglect cases
• Guardianships, Conservatorships and Decedents’ Estates in Probate Court.
• Civil Suits of all kinds where minors are involved.

Tips for Helping Children Cope with Holiday Stress

by mighty | Nov 2, 2016 | Child Support, Children, Custody, Divorce, Family, Family Law, Legal Advice, Mobile, Significant Decisions, Visitation

For most children the holidays are happy, fun and exciting. Children are on a break from school, and the holidays serve as a time to see friends and relatives and enjoy special food and family traditions. For some children, however, the holidays can be stressful and confusing. When parents are newly divorced, the holidays often remind children of what has changed in their lives. Although things have changed, it is important to make sure that both the children and the parents have peaceful holidays.

For those parenting out of two households, seasonal festivities often send stress levels soaring. But with these useful tips, these stressful situations can be manageable for the children as well as the parents.

Keep the holidays tension free. Orchestrating a Christmas between split parents can be frustrating. But be mindful that they key to making things work for the children is to have a tension free holiday. If you can reasonably manage your feelings, a holiday together could be meaningful for the children. If not, you will be better having separate celebrations. Just keep in mind that even though you may have personal differences, putting on a tension free front to your children will be for their best interests.
Keep the children in the loop, and smooth out transitions. Going back and forth between two households during the holidays can be challenging as well as frustrating for children. Many kids will not understand why they are being shuffled between so many people and locations. Keep the children in the know of what is going on and give them a heads up of what’s next. Instead of telling them when it is time to go without notice, inform the children of what the plan is ahead of time. Set time aside to sit down with your children before the holidays begin and map out a schedule for them. The more they know ahead of time, the easier the transition from one family to another will be.
Don’t focus on “fair”, but what is right for the children. When it comes to scheduling holidays between households, parents can often become overly concerned with conflict or competition with each other and forget how it feels for the children. But parents must remember that what is “fair” for the mother and father may not be what is best for the children. Do your best to stay flexible and make sure to keep your children’s needs at the top of your agenda.
Holidays present challenges for lots of families. While the holidays can be stressful, keeping the children’s best interest in mind will be the best way to ensure that you and your family have a stress-free holiday. Talk with your children. Ask them what they would like, and do your best to take that into account. By following these tips, you can make sure that you and your children have a successful holiday season.

« Older Entries