A bill currently pending in the Alabama Legislature would significantly change the way family court judges determine child custody issues. Many Alabama judges who responded to a recent survey indicated that equal custody is not commonly ordered. Senate Bill 186, introduced by Senator Larry Stutts of Tuscumbia, seeks to change this byencouraging equal physical custody in more cases. Currently, Alabama law does not require equal physical custody in cases where joint custody is ordered. Senator Stutts’ bill would create aContinue reading
Birmingham Law Blog
Do women have more rights than men in custody disputes?
Although there is a common perception both in Alabama and throughout the rest of the country that mother have an upper hand in a child custody dispute over the fathers of the children, the law of Alabama largely Birmingham fathers and mothers on equal footing when it comes to child custody. In other, men’s and father’s rights are just as important to a court as are the rights of the mother. A couple of specific observations are in order toContinue reading
Most divorce cases settle before trial
Most people going through a divorce in Alabama do not look forward to going to court. The thought of having to testify at a trial about the failure of one’s marriage can be very stressful. In addition, the outcome of a trial is often unpredictable. For these reasons, most divorce cases are settled by agreement of the parties before a trial is necessary. Settlement can be accomplished through alternative dispute resolution procedures, such as mediation. In many cases, however, theContinue reading
How are visitation rights determined?
We all know how divorces can lead to not only hurt feeling but animosities that can carry over well beyond the marriage. This may be especially damaging when there are children involved from the marriage, as parents will still need to see each other and work together to assure that child custody and parental visitation rights are properly met. Ideally, the courts would like to see that the parents are capable of working with one another to assure that visitationContinue reading
Lessons to learn while going through a divorce
Divorce is often a very difficult time for all parties involved. The dissolution of a marriage may seem like a failure to many, but it is important to recognize that a divorce does not mean the end of the world, but actually quite the opposite. A divorce means a new start for people, it is a chance to start over to achieve the happiness you deserve. While disagreements may seem inevitable when going through all the decisions that need toContinue reading
What to do if your ex wants to move out of state
Divorce is never easy, and when children are involved, it is easy for emotions to run high. It is also true that as long as you have kids, the process of renegotiating the boundaries of a divorce never truly closes. There are always going to be times when things need to be revisited because circumstances have changed. One of those times is when a co-parent moves out of state. “Move-away” cases are fairly common, and they put a strain onContinue reading
Pets play an important role in many families
As “man’s best friend”, the relationship between a dog and his or her owner is often a cherished relationship. In fact, many pets are often treated as family members in many households. During a divorce, one of the more difficult decisions an ex-couple may have to make is over who gets the pets. In the past, and still in most states, pets are considered property and are split just as any other asset would be split. But the state ofContinue reading
Mediation and divorce
Emotions can run high during a divorce, and it can often seem nearly impossible for two soon-to-be ex-spouses to reach an agreement. Mediation can be a big help in these situations. In divorce mediation, a neutral third party will help the two parties make a decision that is fair to both sides. The mediator is trained in helping to resolve the issues in a divorce, and can explain to the parties their legal rights and legal options. However, unlike inContinue reading
How domestic violence can affect divorce rulings
Last Saturday marked an unprecedented moment for women across the United States and across the world when estimates near three million men and women marched through Washington D.C. and dozens of cities across the states and throughout the world to acknowledge the problem of sexual assaults and sexual abuse on women. Sexual abuse is a problem in the United States and throughout the world, as is domestic violence; in many cases, the two are intrinsically linked. Domestic violence can takeContinue reading
How to handle joint custody after relocation
When you get divorced, you might believe that all arrangements are done once the process is finalized. While this may be true for a time, major life changes can create a need to adjust your parenting plan. One of the biggest disruptions is a move, especially if that move is to a location more than one hour away. While you will most likely not have to go through an extensive trial to amend your custody agreement, it is a goodContinue reading