Are you going through a divorce in Alabama? You are not alone, with over 680,000 divorces in the US annually. However, it is essential to know your rights as a man and your rights as a father, so that you can protect rights and your children. In these situations, it is essential to know your rights so that you can do what is best for yourself and for your children.
Divorce is a difficult process to go through, but you do not have to do it alone. Often for men, it isn’t easy to know their rights regarding their children. A child support lawyer well versed in family law for men will be able to support you through the process and ensure your rights are protected.
Read on to learn more about the rights of divorced fathers and how a divorce attorney in Montgomery, AL can help fight for a fair settlement.
Child Custody
Sometimes men settle for limited child custody of their children because of the expectation that the mother will win custody. While it is still often mothers who are the custodial parent in around 79% of cases, this number has declined from past years, indicating that the gap between divorced fathers and mothers is closing. There is no longer a law in Alabama that mother’s are presumed to be the best parent for custody, because that law was struck down as a violation of equal protection. Ex Parte Devine 398 So. 2d 686 (1981). https://law.justia.com/cases/alabama/supreme-court/1981/398-so-2d-686-1.html
While it is still too soon to say that Alabama is a shared custody state (ie a state that has a presumption that it is in the best interest of the child(ren) that both parents have custody), that is not to say that shared custody is out of the question. States such as Alabama recognize the importance of a father’s right to custody and how it is in the child’s best interest for father’s to be involved in their child’s life. And at the Morris Firm For Men, we regularly see fathers win shared custody. We also regularly represent men that fight for and win primary or sole custody. An experienced child support lawyer can help you build a strong case for this.
You also have the right to challenge custody at a later date if the mother moves in with someone who could pose a risk to the child, such as someone who has been arrested or convicted of certain crimes.
You also have the legal right to be involved in decisions for your child, such as medical care, religion, and education. The legal right to custody is not exclusively a matter of who the children live with, but includes being involved in the decision-making process regarding certain aspects of your child’s life, such as medical care, religion, education, and extracurricular activities. You can file a petition for assistance in court if required.
Visitation Rights
It is important to note that the law for men also includes visitation rights. Even if you are not the primary custodial parent, you have the right to spend adequate time with your child.
Visitation/Custody schedules are a useful tool for protecting your rights as a father. A clearly defined schedule is important in protecting your rights and can help ensure both parties stick to a plan that is in the best interests of the children. These schedules aim to help maintain and even enhance relationships between parents and children.
There are times when your rights may be challenged, whether it is after child custody/visitation has been established, or if it is an issue that has never been brought before the court, in an initial divorce or if you were not married at the time of the child’s birth. If these issues arise, your lawyer will help find the best solution, such as requesting paternity tests.
Child Support
If you are given the custodial parent role for your child, you are entitled to child support from the mother. Alabama family law courts will enforce child support orders, if needed, to ensure that the needs of the child can be met.
Divorced men who are not custodial parents usually pay child support to the mother. A divorce attorney in Montgomery, AL will help ensure this is a fair amount. They will also help you if your ex-partner disputes the claims when you ask for child support.
If child support payments are behind, that does not mean that the other side gets to deny you your rights to visitation or custody. If this has happens to you, you should contact a family law attorney as soon as possible to see what can be done to protect your rights as a father.
Relocation of Children
You do not have to accept a situation where your ex-partner moves away with your children. If this will impact the time you can spend with your children, then you can challenge the move with the support of a child support lawyer. In fact, in Alabama there is a special statue known as that Alabama Parent-Child Relationship Protection Act.
Section 30-3-169, which allows that non relocating party to file an objection to the relocation of the other party, to potentially stop the move, or to change custody to the non-relocating parent. There are several factors that go into a court’s decision in an Objection to Relocation case, which is why it is important to have a family law attorney that is familiar with these types of cases, that can help present all 17 factors to the court in a way that is most advantageous to your case.
Often you challenge whether it is in the best interests of your children, especially if it impacts how much time you will get to spend together. After all, fathers play a vital role in children’s lives and contribute to their development.
Adoption Consent
Divorced men have the right to reject or accept any adoption cases, such as step-parent adoption. You do not have to accept the process, as it will also involve your parenting rights being terminated.
Sometimes you may have to deal with disputes around this, such as claiming paternity if you were not married when your child was born. These can be complex cases, but a divorce attorney in Montgomery, AL will help you navigate the process easily.
Criteria to Consider
Criteria for divorced fathers can be subjective, which is why it is important to have skilled legal support to help you. Some areas that can challenge your rights include the following.
Ability to Provide
Income is often the focus of the ability to provide for your child, which can be challenged during divorce proceedings. However, the ability to provide also includes other factors. In these family law settings, a child support lawyer will help fight for your rights and reputation, ensuring your voice is heard.
Living Conditions
Sometimes divorced men do not realize their rights when the other party presents areas such as their living conditions in a poor light. A reputable divorce attorney will ensure that facts are not twisted, so the best interests of the child and father relationship are maintained.
Domestic Violence
Domestic violence is a critical issue in the US and around the world. However, over 20 million people have been falsely accused of abuse. This can have a devastating impact on maintaining the rights of divorced men, families, and mental well-being.
A divorce attorney will help protect your rights and challenge any false accusations. It is often the case that men are subject to more accusations, such as abuse. If this occurs, a divorce attorney will argue in court and ensure a fair outcome for the divorce proceedings is maintained.
Contact a Child Support Lawyer in Alabama
Now you know your rights when it comes to family law for men. It is time to get the support you deserve to protect these rights when you go through divorce proceedings and family law cases. It is important to find a child support lawyer with the experience and reputation to fight for your rights.
The Morris Firm for Men specializes in law for men and fights for the rights divorced fathers deserve. Contact us today to discuss your case and how we can help.
