One of the trickiest aspects of Alabama’s divorce law is deciding who gets to keep the kids. The parents’ moral character and wisdom, the children’s age and sex, and other factors are considered by the court when deciding who should have custody under Alabama law. A Birmingham divorce attorney can help you understand all these laws the best.
Custody factors for children
When deciding who gets custody in a divorce in Alabama, the court considers many things. The following are the factors:
- The kids’ ages and sexes
- Everything pertains to the kids, from their personality traits to their material, social, moral, and educational requirements.
- Each person’s home milieu.
- Details of the person requesting custody, such as age, personality, stability, and emotional and physical well-being.
- Responsibility and ability of each parent to meet their children’s basic requirements, including emotional, spiritual, material, and educational support.
- The children’s interactions with one another and their parents’ ties with them are essential.
- How upsetting the current custodial situation is and how it affects the child.
- Given the child’s age and level of maturity, their preference.
- Independent investigators, whether party-appointed or appointed by the court, may request reports or suggestions from experts.
- It is essential to consider all relevant factors and evidence the parties may submit while determining the best for the child.
Which one of these factors is most crucial?
Yeah, there is one thing that is deciding all by itself. Every aspect has been considered. The importance of specific criteria is often inflated or diminished depending on the case’s specifics. Therefore, the particular facts of each custody case dictate the outcome. Without a jury, a trial court judge decides who gets custody. Thus, judges in Alabama’s divorce courts have much leeway to choose the best custody arrangement. Presenting any evidence you may have pertaining to the abovementioned criteria is crucial in any divorce case, including a custody question.
Will child custody be affected if one party is responsible?
The custody determination may be impacted when one party is at fault. But wrongdoing, like adultery, is not always a dealbreaker when it comes to getting custody. Any party’s wrongdoing that can be proven to impact the children of the marriage may impact custody issues.
What should we do if one of us gets paid more than the other?
Furthermore, while determining custody, the parents’ relative wealth is not a determining factor. The custody decision is not based on the financial resources or lack thereof because child support might be awarded with the custody award by the court. A parent does not need to be deemed unfit for the other side to be awarded custody, and losing control in no way indicates that a parent is unsuitable either.
