Baldwin County Child CustodyThe State of Alabama recognizes three forms of child custody: temporary custody, physical custody and legal custody.

Physical custody involves the day-to-day care of a child and establishes where a child will live. A parent with physical custody has the right to have his/her child live with him/her.

If a child lives with both parents, each parent shares "joint physical custody" and each parent is said to be a "custodial parent". Thus, in joint physical custody, neither parent is said to be a "non-custodial parent."[1] In joint physical custody, actual lodging and care of the child is shared according to a court-ordered custody schedule (also known as a "parenting plan" or "parenting schedule"). In many cases, the term "visitation" is no longer used in this context, but rather is reserved to sole custody orders. Terms of art such as "primary custodial parent" and "primary residence" have no legal meaning other than for determining tax status, and both parents are still said to be "custodial parents".

In some states, "joint physical custody" creates a presumption of "equal shared parenting". However, in most states, joint physical custody only creates an obligation to provide each of the parents with "significant periods" of physical custody so as to assure the child of "frequent and continuing contact" with both parents. Courts have not clearly defined what "significant periods" and "frequent and continuous contact" mean, which requires parents to litigate to find out.

If a child lives with one parent, that parent has "sole physical custody" and is said to be the "custodial parent" whereas the other parent is said to be the "non-custodial parent", but may have visitation rights or "visitation" with his/her child.

When a marriage ends, grounds for divorce must be proven in a court of law or agreed upon in a divorce settlement.

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The Alabama Marriage Protection Act defines marriage in Alabama as "a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes the relationship as husband and wife." Marriage in Alabama forms a contract where the parties have certain rights such as fellowship, companionship, cooperation and comfort.

When a marriage ends, grounds for divorce must be proven in a court of law or agreed upon in a divorce settlement agreement. In Alabama, grounds for divorce are set forth in the laws of the State. There are two "no-fault" grounds for divorce, "incompatibility of temperament" and "irretrievable breakdown of the marriage". The common fault based grounds are physical and incurable incapacitation, adultery, abandonment, imprisonment, crimes against nature, habitual drunkenness or addiction, insanity, pregnancy at the time of marriage without the husband's knowledge, violence and reasonable fear of violence, and separation without support.

Alabama's laws regarding divorce include certain requirements such as child support for the children for the party having custody of the children. Child Support is generally calculated by state guidelines. Alimony in Alabama is not guaranteed but can be contained in a settlement agreement, otherwise, in a trial the alimony issue is left to the sole discretion of the judge. There are rules designed to ensure an equitable division of property.

Divorces may be contested or uncontested. An uncontested divorced can be made final 30 days after the filing of the paperwork, including a settlement agreement and there is no need to go to court. A contested divorce does not necessarily mean a trial, but there will be court dates. A skilled attorney may be able to help iron out the issues and help the parties come to a settlement, saving time spent in Court.

Jim Jeffries | Mobile & Baldwin County Attorney

Jim currently is a member of the Alabama Supreme Court's Advisory Committee on Child Support Guidelines and Enforcement as well as a statewide committee that has been tasked with reviewing and making recommendations for possible revisions to Alabama's version of the Uniform Interstate Family Support Act (UIFSA). Jim was also recently appointed by the President of the Alabama State Bar Association to a serve on a committee whose purpose is to review and comment on Alabama legislation regarding joint custody for a proposal to the Alabama Legislature for possible changes in this legislation.

Jim has attained a Peer Review Ranking of AV from Martindale-Hubbell® - The highest an attorney can be ranked by his peers.

He continues to lecture to attorneys across the state regarding family law issues.

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Jeffries Family Law, LLC

Divorce Attorney | Child Support & Child Custody Attorney | Prenuptial Law Attorney

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Mobile Office

1706 Dauphin Street (map)

Mobile, AL 36604

251-694-6000

Baldwin County

23315 Pet Drive (map)

Robertsdale. AL 36567

251-445-5522