Birmingham Child Custody Attorney

Protecting the Best Interests of Your Children in Jefferson County & Beyond

Custody refers to your parental rights and responsibilities in caring for a minor child, including the authority to make major life decisions about the child’s education, healthcare, religious practices, and other significant issues. Child custody issues can be among the most contentious legal matters to resolve in a divorce. These disputes often lead to lengthy legal battles that may impact you, your spouse, and your children. 

At Ruth Robinson Law, we approach child custody matters with a focus on resolving your case amicably. However, we are prepared to take your case to trial and advocate for your children's best interests.

To learn more about how our Birmingham child custody lawyers can help you, contact our firm online or call us at (205) 984-1915 today.

Types of Child Custody

In Alabama, there are generally two types of custody:

• Legal custody refers to the right to make decisions regarding your child's health, education, and welfare. Courts may order this right to be shared equally or award it to one parent.
• Physical custody refers to the arrangement that decides where your child will reside. Courts base this decision on the child’s best interests.

The above custody forms can be further divided:

1. Sole custody, where one parent retains the rights and responsibilities described above, and

2. Joint custody, where parents share these rights and responsibilities.

Circuit courts in Birmingham operate based on what is in the best interest of the child. They generally favor joint custody arrangements that allow the child’s relationship with both parents to continue on a frequent and meaningful basis. However, physical custody may be affected by the distance between parental households. In some situations, significant distance can affect the child’s daycare, education, or social life.

In Birmingham and other courts throughout Jefferson and Shelby counties, judges may also consider the impact of a child’s ties to local schools, extracurricular activities, and extended family members nearby. When both parents reside in separate school districts or neighborhoods, the court will examine logistical factors affecting the child's day-to-day stability. A parent’s demonstrated willingness to foster a positive relationship with the other parent can also play a significant role in the final custody determination.

Your First Steps: What to Expect in a Birmingham Custody Case

Beginning a child custody case in Birmingham means taking several important steps, each shaped by Alabama law and local court practices. First, parents must gather relevant documents, including financial records, school schedules, and any current parenting agreements, to demonstrate their role in the child's life. Jefferson County courts require careful attention to submitted paperwork, as each parent will need to provide accurate and timely information for fair evaluation.

During the process, both parents may attend a court-ordered mediation session. Mediation often helps parents find common ground and reduces the time and stress involved in reaching agreements. If parents can resolve disputes during mediation, the agreement is submitted for court approval. If not, the case proceeds before a judge, who may hold a temporary hearing to set immediate arrangements. The judge reviews evidence, listens to each side, and then issues a ruling based on the child's best interests.

How Is Child Custody Determined in Alabama?

In Alabama, the court will determine a custody arrangement based on what serves the child’s best interest. The judge will consider all relevant factors, including:

• each parent’s wishes
• the child’s preference, if they are of age
• the child’s safety
• the physical and mental health of the child and parents
• the habits, customs, and routines of the child and parents
• the ability of each parent to provide the child with food, clothing, and medical care
• the child’s interaction and relationships with parents and siblings
• whether either parent has an alcohol or drug problem
• whether either parent has a history of domestic violence
• the child’s developmental stage, needs, and abilities
• the parents’ abilities to help the child develop physically, intellectually, and emotionally
• the parents’ abilities to help the child acquire skills necessary for success in life, including career and social skills
• the ability of the parents to provide a consistent routine for the child
• the parents’ abilities to help the child adjust to a change of residence

Does Alabama Have a Shared Parenting Law?

Yes, Alabama has a shared parenting law. Parents are generally required to share time with their children equally. However, the court can grant custody to one parent if doing so serves the child’s best interest. For example, if one parent poses a danger to the child, the court may award full custody to the other parent.

Custody Modifications

You may need to modify an existing custody order or visitation schedule to address changes in your circumstances or your child’s needs. Changes at work or home, severe injury or illness, or evidence that a former partner cannot safely or effectively parent can make existing custody agreements unworkable.

In the Birmingham area, parents commonly seek custody modifications when families relocate, children advance to different schools, or a parent’s work shift changes. Courts require a showing of a material change that affects the child's well-being. Filing for modification within Jefferson, Shelby, or St. Clair counties involves presenting clear reasons and new evidence that support the requested changes. Our commitment is to advocate for practical solutions that keep your child’s best interests at the center, helping you adapt your family arrangements as your children grow.

FAQs

How Long Does a Typical Child Custody Case Take in Birmingham?

The length of a custody case in Birmingham varies, but most cases conclude within several months if parents reach early agreements. Disputes that proceed to trial may take longer, especially when courts have full calendars or complex issues require multiple hearings.

Can Grandparents or Other Family Members Seek Custody?

In Alabama, courts allow grandparents, relatives, or third parties to petition for custody or visitation under certain circumstances, usually when it serves the child’s best interest and parents are unable or unfit to care for the child.

What Happens if a Parent Violates a Custody Order?

If a parent does not follow a court-ordered custody arrangement, the other parent can request the court to enforce the order. Family courts in Jefferson County may hold hearings to address repeated violations and may adjust orders if needed.

Request an appointment for a consultation with our Birmingham child custody lawyers by contacting us at (205) 984-1915.