JustAnswer.com

Main menu:

Alabama Child Custody Factors

  1. Agreement or lack of agreement of the parents on joint custody.
  2. Past and present ability of the parents to cooperate with each other and make decisions jointly.
  3. Ability of the parents to encourage sharing of love, affection, and contact between the child and the other parent.
  4. History of, or potential for, child abuse, spouse abuse, or kidnapping.
  5. Geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.

    6. Alabama Code Sec. 30-3-152

    Technorati Tags: , , , , , ,

    Comments

    Comment from Rick
    Time: May 21, 2008, 5:44 pm

    Divorce Order came out May 19th and although it stated joint custody that is far from the case as my ex-wife gets the final word in ALL issues we can’t come to an agreement on and our 20M old son’s physical custody is with her - I’ve been given standard Alabama visitation which by any reasonable standard is inhumane with the additional statement “at such other times as agreed upon between the parties.” She’s made it clear she will not give me a minute more.

    I adjusted my work schedule to visit our son at daycare each morning from 7:00 - 8:00 after his mother dropped him off from the time of our temporary agreement March 6, 2007 through May 19, 2008. She has stated that I may no longer visit our son at the daycare because it is not listed in the visitation. I’ve literally spent $130,000 on this divorce and am in debt so have to learn and proceed from here on my own. Given my ex-wifes behavior it will be a long 17 years and I suspect I’ll be an expert by then as the cost would be prohibitive otherwise. I actually did a lot of work for my attorney such as drafting the Rule NISI but don’t know how to proceed along these lines as visiting our son at daycare and staying within the bounds of the daycare appears undefined.

    Since March 2007 I’ve sought advise from a child psychologist who firmly believes that that morning visitation was important for our son’s mental devlopment and stability. Here in Alabama - Jefferson Count in particular it apparently means nothing to the three sitting judges.

    Can you provide any guidance - course of direction. Thanks..

    Comment from papa
    Time: May 21, 2008, 8:17 pm

    Hi Rick,

    I’m not at all surprised about how the parameters of daycare were undefined… LOL! that’s standard procedure: getting a piece an order that gives custodial mommy miles of wiggle room …

    Yes, you are learning the noncustodial dad basics … such as… joint legal custody doesn’t mean much if momma got physical custody ….. the whole “as agreed by the parties” “liberal visitation” …

    .. … there’s no way they couldn’t know…… if the parents could get along and “agreed by the parties’ … THEY WOULDN’T BE IN THE COURTHOUSE! yea, you caught me at a bad moment Rick…

    … anyway, I’m in a bad mood tonight……….
    the best advice for guidance I can give you is don’t continue to get soaked by the system…… go pro se ……… you’re a smart guy I can tell that …….. you can do it….

    use the service for specific questions and guidance… you can ask a lawyer a question for $15 ……
    http://www.princedaddy.com/family-law-questions-answered-for-a-fee/

    read fathers right books:
    http://www.princedaddy.com/about/fathers-rights-custody-books/

    RESEARCH!
    and network…
    stay positive…….
    good luck

    papa d

    Comment from Rick
    Time: May 22, 2008, 2:57 pm

    Thanks - hope your mood gets better if for none other than your child.

    I do plan on representing myself given that I drafted all of the three rule NISI and responses to a Verified Emergency Order and TRO that my attorney submitted (less some minor changes of little significance).

    What is deeply concerning is that as stated the “system” is corrupt in that it plays hopeless fathers against their emotions to, at all cost, fight for the right to have truly shared custody with their child in an effort that that child will grow up to reach the best potential s/he can - using this to ensure attorneys stay “in the fight” and get wealthy for literally decades as I have 17 years in this battle. The Order by its’ design is overly faulty to ensure failure at the “cost” literally of the father and more importantly the child/ren affected.

    I am as those who know me would say a man of strong principle, morals and values. I am bewildered in this day and age how such truly criminal acts against our children are still tolerated.

    If anyone has any suggestions on how to effect change I’m interested in hearing them.

    Comment from dana parker
    Time: June 2, 2008, 6:46 pm

    Rick-

    We are going through this same situation and reading your comment has made me very sad for my brother and my 6-year old niece. We don’t know what to do anymore…she won’t sign the divorce papers in order to keep Eric (my brother) away from Madison (his daughter). She won’t allow him to speak to her on the phone-EVER. And she swears she will drag this out. She has a strange drug-addict living in the house with Madi and often pawns madi off on her drug-addict parents while she partys. My brother is so devasted that he is barely making it- Him and Madi and this side of the family were all so close and now for the past several months-Zero. Our attorney is trying but we are having NO LUCK. please share as much info as you can with us about your journey–we are headed to places you have already been and we are at the mercy of a system that has proven in your case to be UNJUST. God Bless…

    A loving sister & a very sad Aunt,
    Dana

    Comment from papa
    Time: June 2, 2008, 7:58 pm

    Dana, I don’t think you’re going to get anywhere proceeding in the manner you are……… seriously…… I don’t think your attorney is trying. Why do I say that? Because why is your attorney having no luck? If the other side won’t negotiate….. if the other party won’t agree to mediation…. then you file a motion and take them to court. Plain and simple. No luck involved.

    Fire your piece of shit con artist lawyer and go at it pro se…… that means “on your own behalf.” Get books and start reading……. use our cheap attorney question service (question box at top of page)….

    Research, read, network… DO IT YOURSELF and save a pile of money and actually GET SOMEWHERE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Comment from dana parker
    Time: June 5, 2008, 6:58 am

    Thanks Papa! I am going to show this to my brother.

    Comment from papa
    Time: June 5, 2008, 9:40 am

    Right on Dana ……. please be sure to come back and update us on what happened, okay? good luck to ya’ll ……
    papa d

    Comment from KCS
    Time: September 10, 2008, 11:54 am

    I am a mother getting the “daddy” treatment. My divorce was in 1999 and I have been getting the run around in Butler County for years now. My ex can do no wrong there. Most recently he is refusing to give me my children on my scheduled visitation weekends; I call the cops to enforce the “Court Order” and as usual, I’m told that it is a civil matter and that they can’t help me. I’m broke, I have no money for an attorney; I called legal services but according to them I make too much money (I make $32,000 a year), I have 2 pay my ex $500 a month. So now what do I do, my kids are stuck in the middle and I’m out of options and no one in law enforcement will do their job and enforce the court order. Any advice?

    Comment from papa
    Time: September 11, 2008, 12:08 am

    Dear KCS, sorry to hear of your situation. I do understand that women can also have a tough time with custody issues. As you found out, the cops aren’t going to do anything. The best thing you can do with them is fill out a “statement of facts” so you create a record.

    You don’t need an attorney to go to court. Actually, I’ve learned through painful experience that you can even be better off without one. But, it does require a good bit of work, reading, and some phone calls. You can start by calling your local family court and asking some questions.

    If you need a question answered by a lawyer, and, you don’t have much money, use the question box at the top of this page. That’s helped a lot of people.

    Good luck and don’t give up fighting for your childrens’ best interest. Is your husband even giving any reason for not allowing you to see the kids?

    pd

    Write a comment