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.
by mighty | Nov 30, 2022 | Divorce
3 ways you can do to better deal with divorce during the holidays
Dealing with divorce during the holidays can be a challenge for you, your family, and your children.
At Herlihy Family Law, we’ve walked with many clients through divorce, custody, child support over the holidays. We’ve pulled together a few helpful tips, thoughts, and encouragement based on our experience.
If you adapt a few strategies, you can make this season a new beginning following your divorce rather than an ending.
Plan ahead: The holidays are a busy and chaotic time, so you cannot assume that old traditions will necessarily be the same this year due to your pending divorce.
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After going through a divorce or re-marriage, many changes can take place. Making things work for a new blended family does come with tests, but they do not have to be difficult. With the holiday closing in a blended family may run into a few challenges. These challenges can be countless, but they do not have to be terrible.
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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.
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by mighty | Nov 15, 2022 | Custody
Learn more about child custody from Herlihy Law’s own Walter Gewin, as he discusses custody cases for unmarried parties and dependency cases with Dan Brennan at FM Talk 106.5.
by mighty | Oct 12, 2022 | Uncategorized
Allison Herlihy answers questions on the mistakes to avoid during a divorce. She goes over angry texting, making big changes, getting legal advice, and thinking about having a split income.
by mighty | Jul 26, 2022 | Division of Assets, Divorce
If I get divorced, would I be able to get alimony? Could I have to PAY alimony? These are some of the most common questions we get from clients who are getting divorced.
The purpose of alimony is to maintain the lifestyle of a financially dependent spouse after a divorce. Alimony is based on both the dependent spouse’s need and the paying spouse’ ability to pay. If both you and your spouse are gainfully employed and self-supporting, then your case is not an alimony case.
There have been some big changes in Alabama’s alimony statute over the past few years. Our statute currently provides that, if alimony is appropriate, then rehabilitative alimony is strongly preferred after a divorce. Rehabilitative alimony lasts for a specific period of time after the divorce and is designed to help the financially dependent spouse get back on their feet so they can be self-supporting in the future. Our current law provides that rehabilitative alimony shall only be paid for up to five years following the divorce, absent exceptional circumstances.
If the court finds that rehabilitative alimony is not feasible or if the parties have been married for more than twenty years, then the Court can award periodic alimony, which is does not have a set termination date. If the parties are married less than twenty years, then the alimony cannot be of a longer duration than the length of the marriage.
The other big change regarding Alabama’s alimony law just became effective July 1, 2022. In years past, alimony has always terminated if the receiving spouse gets remarried or cohabitates with a member of the opposite sex. Now, the law provides that alimony terminates upon remarriage or cohabitation with any individual and defines cohabitation as:
two adults dwelling together continually and habitually in a private heterosexual or homosexual relationship, even if the relationship is not solemnized by marriage, evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations that are usually manifested by married individuals, and which include, but are not necessarily dependent on, sexual relations.
Ala. Code 30-2-55 Termination of alimony upon remarriage or cohabitation (Code Of Alabama (2022 Edition)).
If you are already divorced, these recent changes could affect your receipt of or obligation to pay alimony. Contact us today to schedule a consultation to discuss further.
How to Handle the Holidays when you are Getting a Divorce
Making Blended Families Work During the Holidays
Tips for Helping Children Cope with Holiday Stress