Ever wondered about the reasons a judge will change custody? The unexpected shifting of life’s tides can sometimes rock the boat that is our family structure. Just as ocean waves transform over time, so do our lives and circumstances.
In Alabama, when these transformations affect your child’s well-being or living situation, it may be necessary to navigate new waters by modifying child custody arrangements. Just like a compass guiding you through uncharted territory, this post serves as your guide in understanding those key reasons, from parental relocation to changing circumstances and ensuring children’s safety.
While this article give some insight into some of the reasons a judge may change custody, it is NOT an exhaustive list. Judges may grant modifications of custody for any number of factual reasons, but the legal reasons are more specific and must be sound. The circumstances under which the Court entered a custody order in the first place are bound to change: the child gets older, one or both parents move, the agreement of the parties, etc. It is important to know what changes to look out for when seeking a custody modification. A family lawyer can help you understand these changes and know when it’s the best time to bring your case.
Understanding Child Custody Modifications in Alabama
Custody arrangements aren’t set in stone. They’re meant to serve the child’s best interest, which can change as circumstances do. When a significant shift happens, like a parenting plan alteration or custodial parent moving, it might be time for an adjustment.
The courts focus on preserving stability and continuity for children during these modifications. However, when a current situation starts hurting the child’s well-being, changes are necessary.
One of the common reasons for modifying custody is if one parent relocates significantly far away from their current location. This move could disrupt the existing visitation schedule making it difficult to maintain balance in your kid’s life. Our firm, the Morris Firm for Men specializes in such cases where parents have decided to modify custody due to relocation or other changes.
In some scenarios though, you might need immediate alterations like with domestic violence issues or severe mental health difficulties faced by one parent. An emergency order can be sought under these circumstances.
Once child custody is established, the legal standard used to establish it changes. Establishing child custody falls under the “best interest” standard. However, to modify custody, the Courts rely on what is known as the McLendon Standard. This legal standard places the burden of proof on the party seeking the modification to show the Court three things: (1) that the party is a fit custodian of the minor child, (2) that material changes which affect the child’s welfare have occurred since custody was established (or since the last modification), and (3) that the positive good brought about by the change in custody will more than offset the disruptive effect of uprooting the child. What this means is that the party seeking to modify child custody must show the court that they are capable of having custody of the child, that important factual changes have occurred since the establishment of custody, and that the positive effect of changing custody will more than offset any potential negative effect.
Reasons for Modifying Child Custody in Alabama
In the world of custody battles, nothing is set in stone. A judge may decide to modify a child’s custody arrangement for several reasons. Here are two key factors.
Parental Relocation Impact on Custody
Moving can shake up an existing custody plan like a snow globe. When a guardian chooses to move, it can have an immense influence on the kid’s life. It becomes challenging to stick with the current visitation schedule and parenting time order. So, when such changes occur, judges often consider altering the current setup if requested by either party.
All child custody agreements and orders in the state of Alabama are required by statute to contain the following language:
The following language is required pursuant to the Alabama Parent-Child Relationship Protection Act: Alabama Law requires each party in this action who has either custody of or the right of visitation with the child to notify other parties who have custody of or right of visitation with the child of any change in his or her address or telephone number, or both, and of any change or proposed change of the principal residence and telephone number or numbers of a child. This is a continuing duty and remains in effect as to each child subject to the custody or visitation provisions of this decree until such child reaches the age of majority or becomes emancipate and for so long as you are entitled to custody of or visitation with a child covered by this order. If there is to be a change of principal residence by you or by a child subject to the custody or visitation provisions of this order, you must provide the following information to each other person who has custody or visitation rights under this decree as follows by Certified Mail:
- a) The intended new residence, including specific street address, if known;
- b) The mailing address, if not the same as the street address;
- c) The telephone number or numbers at such residence, if known.
- d) If applicable, the name, address, and telephone number of the school to be attended by the child, if known;
- e) The date of the intended change of principal residence of a child;
- f) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable;
- g) A proposal for a revised schedule of custody of, or visitation with, the child, if any;
Unless you are a member of the Armed Forces of the United States of America and are being transferred or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
You must give notice by certified mail of a proposed change of principal residence on or before the 45th day before a proposed change of principal residence. If you do not know and cannot reasonably become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by certified mail not later than the 10th day after the date that you obtain such information.
Your failure to notify other parties entitled to notice of your intent to change the principal residence of a child may be taken into account in a modification of the custody of or visitation with the child.
If you do not commence an action seeking temporary or permanent order to prevent the change of principal residence of a child within thirty (30) days after receipt of notice of the intent to change the principal residence of the child, the change of principal residence is authorized.
This statutory language sets out what is required by law of the relocating party to tell the other. Whether you are the relocating party or not, a family law attorney can help you understand what steps you need to take so that you remain compliant with Alabama law. It is important to understand your rights as a parent and not to let the other party’s relocation dictate how often you are able to see your child.
Just because the other party tells you that they plan on moving, whether its across town or across the country, does not mean you are helpless. You have the right to object to their relocation and to present to the Court why it is not in the best interest of the child for the other party to move. Issues like these are very time sensitive. The more time that goes by after the other party has moved makes it more difficult to argue against the “new normal” that has been established.
The Role of Changing Circumstances
Sometimes it’s not about physical movement but rather shifts in circumstances that stir things up. Changes in parental situations or even drastic alterations concerning the child’s needs could necessitate adjustments too.
A sudden loss of income might affect child support payments or if there are concerns about mental health issues these too could prompt modifications by court orders.
Protecting Child Welfare and Safety
We all desire the highest good for our kids. However, when child abuse or neglect enters the picture, immediate changes are necessary to protect their well-being.
The Consequences of Abuse and Neglect
When serious allegations or evidence of mistreatment surface, swift action from the court is inevitable. Custody orders can be modified on an emergency basis to ensure safety. In fact, cases involving severe mental health difficulties often lead to quick adjustments in custody arrangements.
In the case of domestic violence, Alabama law is clear that it is not in the best interest of the minor child to live with someone who has been convicted of domestic violence. This does not only apply to whether either parent has been convicted of domestic violence, but also if one parent is living with someone who has been convicted of domestic violence. In terms of the McLendon Standard discussed earlier in this article, a domestic violence conviction is a strong factor for modifying child custody, especially in proving that a material change has occurred.
Parental Alienation and Co-Parenting Difficulties
Ongoing conflicts between parents also negatively impact kids’ lives. Children can be very perceptive as to what is going on between their parents. These kinds of issues can snowball into larger ones. Co-parenting difficulties cause lots of stress for parents that can unfortunately trickle down and affect the kids. It is important for both parents to understand that these types of issues should be isolated from the kids. If the parents cannot work through them on their own, having a group session with a counselor can often be beneficial.
Co-parenting issues do not all stem from just disagreements or friction between the parties. Struggles with substance abuse by a parent can lead to these issues and may lead to alterations in parenting time too. For instance, if one parent consistently fails at co-parenting effectively due to such issues, it might warrant a change in the existing custody arrangement. Under these circumstances, you can file emergency petitions.
All measures aim at ensuring every kid grows up safe while maintaining strong bonds with both parents whenever possible – because that’s how they thrive.
Legal Process for Modifying Custody in Alabama
The process to modify child custody or change the current custody order is not a walk in the park. It requires court approval and substantial proof that circumstances have changed significantly since the last order was issued.
When Courts Will Consider Modifications
Courts won’t take the idea of modifications lightly. However, they may be willing to listen if it’s in the best interest of a child. They consider modifications when there are drastic shifts like parental relocation or severe mental health difficulties impacting parenting abilities.
If one parent relocates making scheduled visits difficult, courts may adjust visitation time or even alter legal custody. The key here is demonstrating how these changes affect your kid negatively and why modifying arrangements will be beneficial.
Preparing for Modification Proceedings
To start with modification proceedings, you need solid evidence of material changes affecting your kid’s life post-divorce. Documentation on any domestic violence incidents, failure to adhere to existing arrangement terms by another parent can strengthen your case substantially. This link provides more information from our expert custody lawyers at Morris Law Firm.
Conclusion
Understanding the reasons a judge will change custody is crucial in navigating through any child custody modification process. It all starts with understanding that life changes, and these shifts might necessitate modifications to keep your child’s best interests at heart.
Moving parents, for instance, can rock the boat. If you’re relocating or if your ex-spouse plans on moving far away from Alabama, expect adjustments to be made for maintaining balance in your child’s life.
Changes are inevitable; parental circumstances may shift dramatically or perhaps it’s the child’s needs evolving rapidly. These situations could warrant significant alterations to current arrangements.
Remember: safety always comes first. Abuse allegations? Neglect issues? Inability to co-parent effectively? Courts won’t turn a blind eye towards these problems and they could swiftly trigger changes.
Being prepared means knowing what courts consider during modifications and having all necessary documentation ready. As the person asking the Court for a modification, the burden is on you to prove to the Court that it is necessary. The best way to make sure you reach your goal of a custody modification is to speak with an attorney who can help guide you through this process.
