Child Support
Alabama child support guidelines provide a starting point for determinatoin of the amount of child support to be paid after a divorce. The amount of child support is based upon the combined income of the parent with sole physical custody and the parent with the visitation rights. Alabama child support guidelines calculate earned income and passive income when determining the combined or gross income of both parents. Salaries, wages, commissions, bonuses, severance pay as well as the sale of goods or services are included in determining earned income.
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Child Custody
Alabama child custody laws include temporary custody, legal custody and physical custody. Contact R. Frank Bumpus, IV about Alabama child custody laws today.
Alabama laws define temporary custody as the decision made by the parents as to the custody of the child at their time of separation. Although this could be in the best interest of the child at the time of separation, it may not ultimately be in the best interest of the child.
Legal custody is the next step in the Alabama child custody process. Legal custody determines which parent, possibly both, is able to make the legal decisions for the child regarding education, health care, religion, and his/her general welfare. Joint legal custody and sole legal custody are the two different types of legal custody in Alabama. Joint legal custody splits the decision making responsibilities between the parents and is disfavored by the courts. Sole legal custody allocates all of the decision making power to one parent.
Physical custody is where the child actually lives within Alabama. Physical custody is split into two categories, sole physical custody and joint physical custody. Sole physical custody is defined as the parent the child actually lives with. The other parent will have visitation rights that were predetermined through mediation or by the Alabama court system. Joint physical custody is extremely rare in Alabama. Joint physical custody allows the child to live with both parents for predetermined amounts of time. Joint physical custody is rare because the courts need to think in the best interest of the child. With that said, Alabama courts consider which parent is more likely to allow frequent visits by the non custodial parent. Alabama courts do not judge parents on their gender or school district (public or private) they live in. In these difficult times, it is important to know that this decision will be based on what is in the best interest of the child.
If the custodian of the child/children is not following the Alabama court order dictating visitation rights, or when there has been a change in circumstances surrounding the custody arrangement, an appeal may be brought to the court based on the best interest of the child
