How Visitation Rights are Granted in Mobile, Alabama

How Visitation Rights are Granted in Mobile, Alabama

by | 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.

The First Steps to Take When Getting a Divorce

The First Steps to Take When Getting a Divorce

by | Nov 9, 2020 | Divorce

Divorce is an overwhelming and emotional process, to say the least. Many people who get divorced have never and will never have any other interaction with the legal system.  All of your friends and family, with the best intentions, suddenly become divorce “experts” and are ready to weigh in with what they think you need to do!

First of all, if you feel safe and comfortable doing so, talk with your spouse. If you are on the same page, you may be able to resolve your divorce without litigation, which will ultimately be much less costly and stressful in the long run.

Seriously consider speaking with a counselor or therapist, even if you have never done that in your life. When you have been in an unhealthy relationship for a long time, it becomes difficult to trust your own reality, so it really helps to weigh out this important decision with someone who is well-trained and objective. A therapist can go a long way with helping you develop the communication strategies and confidence to get through what might be one of the most difficult times in your life.

Familiarize yourself with your finances and know where your important papers are, or obtain copies of them. Some examples of important papers are birth certificates, wills, deeds, tax returns, pay stubs, bank statements and credit card statements. When you are getting divorced, it is of utmost importance to know your own income and your spouse’s income, what you have, and who and what you owe! If you are concerned there may be debts you don’t know about, you need to run your credit report to make sure your spouse has not used your information to obtain credit in your name.

Be aware that, if divorce is imminent, then you and your spouse will be adversaries in a lawsuit and they may not have your best interests at heart. They may be trying to maneuver or obtain evidence to gain a tactical advantage against you in the case. Be aware that they could be recording you via audio or video, or even monitoring your email or social media accounts if they have access to your passwords. Everything you say, do, or post on the internet could potentially be evidence in your case, so be smart and cautious about what you say, do, and post.

Above all else, get your own independent legal advice by consulting with a lawyer, even if your divorce is “amicable.” Your own lawyer is the only person whose job it is to zealously advocate for you and protect your best interests.

What is the Difference Between Legal Custody and Physical Custody?

What is the Difference Between Legal Custody and Physical Custody?

by | Oct 9, 2020 | Custody

Alabama Code §30-3-157 is known as Alabama’s “Joint Custody” statute and it defines the different types of legal and physical custody in our state.  This statute sets out our state policy as follows:

 It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody.

As you might imagine, there are a lot of misconceptions about what joint custody means versus what state law actually says.  It is for this reason that any time a client tells me they and their spouse want to agree to joint custody, I ask the question, “what does joint custody mean to you?”

Joint Custody means that the parents have both joint legal and joint physical custody.

Joint Legal Custody means both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.  If one parent has sole or primary physical custody, that parent ends up being the final decision-maker if there is a dispute.

Joint Physical Custody means physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.  This is the definition according to state law.  In our jurisdiction, joint physical custody almost always refers to custody arrangements where the parenting time is shared on an equal, 50/50 basis, in some fashion.

Sole Legal Custody means one parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.  Sole legal custody is typically only ordered if the other parent is a danger to the child.

Sole Physical Custody, is more commonly referred to as “physical custody” or “primary physical custody” means one parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.

Top 4 reasons you should hire a lawyer for your divorce

Top 4 reasons you should hire a lawyer for your divorce

by | Sep 23, 2020 | Uncategorized

Top 4 reasons you should hire a lawyer for your divorce

In recent years, there has been a proliferation of DIY divorce websites. These sites advertise a one-size fits all divorce package that is supposedly compliant with the local laws in any jurisdiction. If you try to DIY your divorce, you will purchase a set of forms that you are responsible for filling out and filing yourself with the Court. No one can give you legal advice or answer any substantive questions you have about the process.

Time and time again, I have had clients who have come to me after attempting a DIY divorce, only to find that the package they purchased from the website is not in compliance with local rules and requirements.

 

If your DIY divorce package is not in compliance with local requirements, neither the Clerk nor the Judge will be able to explain to you what you need to do to amend your paperwork because they are not allowed to give you legal advice. Only a lawyer can give you legal advice.

 

Worst of all, clients often have their cases dismissed entirely because they cannot determine how to properly amend their paperwork, losing all the money they have invested in the DIY paperwork and their filing fee in the process. If you hire a lawyer to fix documents that were incorrectly filed in the first place, it could end up costing you more money than if you had hired a lawyer from the beginning.

In addition to the above technical reasons, a lawyer can help give you guidance based on their training and experience to help to navigate one of the most difficult times in your life. A lawyer can help you if you are being bullied or coerced into agreeing to something that is not in your best interests. Your lawyer is your advocate.

What is the Difference Between Legal Separation and Divorce?

What is the Difference Between Legal Separation and Divorce?

by | Sep 4, 2020 | Divorce, Family Law

A Legal Separation and a Divorce are almost identical in the fact that the procedures are the same, child custody and support can be awarded, and assets and debts will be divided in both; however, at the end of the process of Legal Separation, you remain married to your spouse. A Legal Separation is rarely necessary or beneficial for most people because if you obtain a legal separation and decide later that you want to get divorced, after all, you have to go through the time and expense of the Court process twice. Some notable exceptions might be if a party has religious beliefs that do not allow for divorce, or if a party has a chronic illness that makes obtaining their own health Insurance cost-prohibitive or impossible. If parties know they will never want to get remarried again, a Legal Separation may suffice for them.

Both Legal Separation and Divorce can be handled in a contested or uncontested matter, but both parties have to agree for a Legal Separation to be ordered. If one spouse wants a legal separation and one spouse wants a Divorce, the Court will grant a divorce. If you and your spouse are having trouble and could benefit from some time apart, you can separate without obtaining a Legal Separation.