Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

Taking your problems to a court of law may seem like a necessary solution, but it is rarely a simple process without the right kind of help. As a Birmingham divorce lawyer and family law attorney, I’ve assisted many Alabama residents in areas such as child custody, child support and spousal support, or maintenance.

If you live in Montgomery County, Talladega County, Cullman County or any of the dozens of towns and cities throughout the state, you face the same court system that thousands of local people face every year when pursuing justice for themselves and their families. When it comes to divorce and other related marital cases found in family court, the path to a favorable resolution can be fraught with pitfalls and time-consuming hurdles.

Lawsuits in Alabama can take months or even years to make it to court. But if you're pursuing a divorce you can’t wait to have that settlement over and done with. Most everyone I’ve counseled regarding divorce or legal separation has wanted a quick decision from the judge. That decision must include who gets custody of the children, the family vehicle, money held in multiple bank accounts, the couple’s home, a whole range of items.

As a spouse with little or no means, a decision by the court also must address monies for child support and other payments. In short, you cannot wait months or years for your case to inch its way through the state’s court system.

The good news here is that you do not have to wait. When couples become separated, important issues are often resolved via a short hearing before a judge, instead of requiring a full-blown trial. These hearings are usually held in a special court, referred to as family court in most states.

Regardless of the brevity that these sessions typically offer, because they are so quick you must be prepared and know exactly what you want to ask. You may have only a few minutes to state your side.

One helpful tool is the Temporary Order. This can be used by a spouse with little income of her own to help start some kind of support payment in order to feed and shelter the couple’s children. For example, a wife who has been abandoned can go to court to request a temporary order from a judge, even though a formal divorce action has not yet been filed. Her request will be put on a fast track, and a hearing will be scheduled within days or weeks.

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Because Alabama recognizes legal separation, most people looking at divorce in cites like Tuscaloosa, Bessemer, Huntsville and Mobile do not always have to file for divorce, at least not immediately. As a Birmingham divorce lawyer, I know that a certain percentage of people considering a divorce action will also have thought about separation as an alternative. Legal separation, which can also be referred to as "judicial separation," "separate maintenance" or "divorce a mensa et thoro" (which translates roughly into "divorce from bed-and-board"), is one way that marital partners can legally formalize what is a de facto separation while at the same time staying legally married.

Folks all around Alabama choose legal separation for a wide variety of reasons. However, the most frequent explanation is because the one or both spouses believe that the marriage may still have a chance of being saved. Occasionally, legal separation may be chosen because of one or both of the parties have a moral or religious objection to divorce.

For the state of Alabama to recognize a legal separation, both parties must enter a decree of legal separation assuming all of the following requirements are satisfied:

1. The court determines that the jurisdictional requirements for the dissolution of a marriage have been met

2. The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart

3. To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration

As the above suggests, while legal separation does not necessarily lead to a divorce, it can leave the door open to reconciliation, in which case the parties typically do not need to do anything more since they are still married in the eyes of the law. If, however, the couple does not manage to find common ground, they may then wish to go through with a divorce, which must be filed for explicitly.

A qualified family law and divorce lawyer can help individuals navigate through the complexities of legal separation as well as full-blown divorce actions, which can be of great help during what is usually a difficult and emotional time for most people.
 

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As a Birmingham divorce lawyer, I know that sooner or later some people will need the services of an experienced divorce attorney. One of the reasons folks turn to a legal professional is because of the complex and sometimes labyrinthine structure of our legal system here in Alabama. Regardless of whether a person is getting a divorce in Gadsden or Tuscaloosa, or becoming legally separated in Mobile or Huntsville, there are many areas of the law that only a lawyer can guide you through.

One area that sometimes causes people confusion is the myriad of legal terms they hear or read in agreements, contracts and decrees. To help make things a bit more clear, I have listed below a few of the many important terms and definitions used in the area of divorce law. Because getting a divorce is fraught with new and possibly intimidating terminology, retaining a qualified divorce lawyer and family law attorney is an important first step.

=============== Divorce Terms ================
 

Abandonment
Applied when one married spouse leaves the marital home, in some areas this may be grounds for divorce or may reflect adversely upon the spouse who moves.

Adultery
Sexual intercourse by a married person outside of the marriage, which in some parts of the country may be grounds for divorce or could adversely affect the offender's case.

Affidavit
A sworn written statement usually made under oath or on affirmation before a magistrate or officer (often a notary public).

Alimony
Also called maintenance or support. See Maintenance.

Alimony Pendente
Spousal support to be paid by one marital partner to the other during the pre-trial period of separation.

Contempt of Court
The deliberate failure to comply with the orders or directives of the Court.

Contested
Any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.

Default
Failure to respond in the prescribed manner within a given period of time. The Respondent in a Petition for Dissolution is said to be in default if he or she failed to respond within a set period of time, usually 30 days after the date of service.

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I’ll say right off that it’s probably true that most folks think a prenuptial agreement -- or prenup, as they say in Hollywood -- will kill the romance between a couple as surely as a an illicit affair. But does suggesting that your soon-to-be spouse sign a prenuptial agreement really spell the end of trust; Certainly not. Oddly, it may just make that bond even stronger. Rather than curse or jinx a pending marriage, a prenup should be looked at as helping to cement the relationship.

Contrary to popular belief, asking your future husband or wife to sign a prenuptial agreement should not be viewed as a sign of distrust, but as a mutual act of financial openness and faith in the enduring qualities of your relationship. As a Birmingham Divorce and Family Law Attorney, I’ve represented both women and men who have entered into a prenuptial agreement with a future marriage partner.

The trouble is that many people associate the mere mention of the prenup as a prelude to a bad marriage inevitably doomed to end in divorce. Because of this, it’s really no surprise then that most folks, men and women alike, can be quite apprehensive about raising this topic with a future spouse. But there’s really nothing to fret over.

First and foremost, a prenuptial agreement is a document created between future spouses prior to their exchange of marriage vows. An agreement of this type usually lists property settlements in the event of divorce, and could include other legal issues such as possible additional obligations that could arise during the marriage. In Alabama, the law requires that certain procedures as part of the process of forming a prenup, such as full financial disclosure between the two named parties. (It’s important to remember that the law actually prohibits prenuptial agreements if they are not truthfully represented.)

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One fact of divorce in Alabama, no matter what town or city you call home -- Huntsville, Tuscaloosa, Decatur, Vestavia Hills or Talladega -- alimony and child support are a definite possibility depending on your means and the needs of your soon-to-be-ex spouse. While most individuals will fight hard not to pay alimony to a former partner, paying child support is usually accepted, albeit grudgingly by some.

As a Birmingham family law and divorce lawyer, I understand how some consider child support to be a burden, especially when that party doesn’t get to see the kids on a daily basis. Over time however, even the best provider may ask himself, “do I need to keep paying support for these nearly adult-age kids?”

The fact of the matter is that in Alabama, the age of majority is 19. What this means is that child support comes to an end once that teenager hits 19. (Be careful, though, because there is a provision for post-minority support payments when it comes to helping with college tuition and such). But for our purposes here, 19 is the age at which child support is terminated.

That being said, I have run into situations where people have asked me whether or not an 18-year-old who joins the military or otherwise is on his or her own still qualifies for child support. Does that parent’s obligation to pay support end under these kinds of circumstances?

Simply put, a parent cannot simply cease payments because they feel the child is now functioning as an autonomous individual, and neither does the child support automatically stop. However, Alabama law does provide for these kinds of situations, such as an 18-year-old joining the military.

In such instances, Alabama law allows the parent who is providing child support to file a petition with the court requesting that the child in question be declared “emancipated.” If the court agrees and the petition is granted, then the child support will usually be terminated legally.

Depending on the circumstances, it is possible that a judge will concur that the child is emancipated and subsequently grant the request for termination. Keep in mind that this is completely up to the discretion of the court and is not necessarily guaranteed . As with any family law issue, it’s wise to seek the advice of a qualified legal professional.

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Whether you live in Huntsville, Bessemer, Tuscaloosa or any of the dozens of cities and towns throughout Alabama, picking the right divorce lawyer can make the difference between a painful and costly divorce and a smooth and equitable split. Since nearly 50 percent of all marriages end up in divorce, this it is very important to make the right choices, not only in your future spouse, but also in your divorce and family law attorney.

As an experienced Birmingham attorney well versed in divorce and family law, I have assisted many clients through what can be a harrowing and emotionally difficult time in their lives. If children are involved, then the added pain and hard feelings can compound the situation to the extent that it affects even the couple’s friends and relatives.

Choosing the right attorney can alleviate some of the emotional anguish that inevitably comes from such a legal separation. Having counseled many individuals contemplating and going through divorce, I would like to provide a few key points for finding a good divorce attorney:

1) First and foremost, choose a lawyer who specializes in family law. This goes without saying. A family law attorney should be completed prepared with the correct paperwork and forms necessary to an Alabama divorce action, which also helps to speed things along and save you time and effort.

2) Make a determination as to the gender of your attorney. Some people are more comfortable talking to a lawyer of the same sex as themselves, but you must decide for yourself.

3) Choose an attorney who is knowledgeable about and has handled case in the particular county in which your case will be heard. Having a lawyer who is familiar with the local judges and other attorneys will help you in the long run.

4) Interview your candidate to see if he or she will fight aggressively for you if the going gets nasty, as it often can. You never want to “pick fights” with your soon-to-be-ex spouse, but you do need a lawyer who understands your circumstances and will act always in your best interests.

5) Seek out friends and family members who have been divorced to get their thoughts on what to expect and who helped them the most. Divorce is no cakewalk, but you should be able to find someone in your extended circle of friends who believes that their case was handled well and in a straightforward manner.

6) Never be afraid to switch lawyers if you feel that you are not being represented in the best way. Sometimes there may simply be a clash of personalities, but whatever the reason, you need to feel comfortable with the attorney who is handling you case because it means so much to you and your family.

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As a Birmingham divorce lawyer helping clients throughout Alabama, I understand the pain and anguish that people feel following a separation or conclusion of a divorce action. For folks who share children from a marriage that is now falling apart the hurt can go very deep, especially when custody comes into play.

No matter where you live in Alabama, be it Huntsville, Auburn, Madison or Opelika, divorce and separation are not easy. One issue that arises more often than not is that of relocation. It’s a sad fact, but in a society as mobile as ours and with an economy that is forcing people to look elsewhere for employment, relocation cases have become commonplace.

Once a divorce is final, it’s inevitable to have some tension between the custodial and non-custodial parents. However, this tension can elevate if the custodial parent needs or wants to move away and take the kids with them. In cases like this the non-custodial parents will desperately want to hang on to their relationship with the children, while everyone should consider the best interests of the kids as well.

The question that I get from folks is, Where does the law come down on the issue of relocation or “move away” cases? Naturally, many non-custodial parents want to know if they can prevent their former partner from physically relocating themselves and the kids. Similarly, the custodial parent wonders if he or she actually needs to get “approval” to move from the other, non-custodial parent.

Actually, there is an Alabama statute titled the “Alabama Parent-Child Relationship Protection Act,” part of the Alabama Code, Section 30-3-160. What this part of the law requires is for the custodial parent to submit written notice to the other party, the non-custodial parent, 45 days in advance of any intended move greater than 60 miles from his or her present residence.

The law regarding this required notice is very specific as to what should be included and in what form it should take. For instance, it must be delivered via certified mail. This is why it’s always important to consult a qualified family law attorney to be certain that you are following the letter of the law.

Once notice is given, the law gives the non-custodial parent 30 days to file a written objection  with the court. If an objection is filed, the court will then set a date to hear the individual parties and make a determination as to whether or not, in the judge’s opinion, the move is in the best interests of the children.

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Let’s assume that you’re embroiled in a divorce action with your soon-to-be former spouse, who initiated the case. Whether you live in Montgomery, Dothan, Decatur, or Auburn, or anywhere in Alabama, divorce is an emotional and heart-wrenching process especially when one party doesn’t see it coming. Add children into the equation and you have potential for one of the saddest and demoralizing episodes in your life.

Being a family law and divorce attorney practicing in the Birmingham area, I have represented many clients who found themselves in the throes of a painful divorce proceeding. Part of my job is to try and make the process as easy and straightforward as possible while attempting to provide some comfort and guidance to my clients. In some instances a spouse may be so upset that they literally want to stop the divorce in its tracks.

But is this actually possible or even advisable? It’s easy to say, “I want to stop this here and now.” In reality, it’s a different story entirely here in Alabama. The sad truth is that once one spouse is committed to getting a divorce, there is no way the other party can turn it off. Short of convincing your soon-to-be-former partner to pull the plug, that’s just the way Alabama divorce law is written.

In Alabama, if one of spouse insists on a divorce, that individual is going to get his or her way no matter what. And while you and your attorney can make the divorce process take longer, you can’t stop it. As they say in the halls of divorce court, it may take two to get married, but it only takes one to get divorced.

On the topic of reconciliation, you certainly can appeal to the other party to try and make the marriage work, but most divorce actions are an indication that the marital union is probably broken and no amount of energy is going to fix it.

If you know in your heart of hearts that your marriage was on its last legs when your spouse initiated the divorce, then it may be wise to follow their lead and make the best of a bad situation. This is where a qualified divorce lawyer and family law attorney can really help.

If you insist on making it work, it’s a good idea to bring in a third party who is not emotionally torn between either spouse. Schedule some sessions with a qualified marriage counselor or church pastor. If both parties are committed to making the marriage work, then these professionals can perhaps help you toward making things work better.

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In these cash-strapped times many spouses going through divorce are asking the same question: Will I be able to receive any Alimony payments? It’s a fact that the majority of alimony awards go to the wife. As an Alabama divorce attorney and family law lawyer, I am always oncerned that my clients receive their fair share of the marital assets as part of a divorce settlement. Whether you live in Hoover or Florence, Tuscaloosa, Bessemer or Homewood, your concerns will likely be the same.

In difficult economic times, alimony and child support can both be a function of an ex-spouse’s earning power. Alimony itself is a payment from one former marital partner to the other and is usually paid on a monthly basis. It is ordered by the court as continuing support for one of the former spouses following a divorce.

You should remember that alimony is a separate and distinct payment from any other kind of divorce-related payments, such as child support. As with most aspects of divorce in Alabama, the payment of alimony is decided by a divorce judge and is determined solely by the discretion of the court. In fact, alimony payments are decided based on the specifics of the individual divorce case and the needs and means of the respective parties.

Unfortunately for the divorcing spouses, there is no fixed rule that can be applied to the setting of alimony payment, or even if alimony is justified as part of a divorce settlement. Therefore, the determination of an alimony payment, if any, is always an open issue until decided by the judge overseeing the case.

Several factors that govern how a divorce court in Alabama will decide if alimony is justified include A) the financial need of the receiving spouse (usually the wife) and the ability of the paying spouse (quite often the husband) to pay; (B) the conduct of the individual parties as pertains to the cause(s) of the divorce; and C) the length of the marriage. In the end, whether or not you receive alimony could have a great impact on your ability to preserve your personal assets going forward.

As always, a good divorce lawyer and family law attorney can assist in a large part when going through the many times painful process of divorce. Having a qualified family law attorney by your side can help when it comes time to make the big decisions that could affect your life and the lives of your children fro some times to come.
 

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How much information is too much information? Going through a divorce in Alabama can be a difficult journey. Regardless of whether you live in Mobile, Birmingham, Huntsville or any of the hundreds of cities and towns across the state, the subject of divorce or legal separation can be a minefield. Spouses who are splitting up have a hard enough time discussing details with family and friends, but what of the children? How much should you share with them, if anything?

As a Birmingham Divorce Attorney practicing throughout Alabama, I have seen it all when it comes to separation and divorce. I feel the heartbreak and sense the hard feelings that can arise during this kind of life-changing event. But my knowledge and years of experience have given me the tools to help my clients make it through one of the toughest times of their life.

For sure, one of the most difficult aspects of divorce is the effect it can have on children. Divorce can be extremely trying especially where kids are involved. In many instances, my clients confide in me by asking how they should break the news to their children. Quite often, they don’t even know how they should act or behave toward their kids once a divorce has been finalized.

Of course, it can be difficult to take your children’s needs into account during the process of a divorce in Alabama. There are many and varied aspects to the process including Spousal support, division of assets, and guardianship.

If you are considering divorce, or know someone who is going through or contemplating such an action, you may want to keep the following items in mind regarding the younger members of the household. Children need and have the right to the following, especially in times of family upheaval:

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Last week I discussed an approach to achieving a mutual divorce settlement vis-à-vis No-fault divorce. As a Birmingham divorce attorney who has represented dozens of individuals going through what must be one of the most difficult times in any married person’s life, I can say that cooperation is one of the best ways to make a divorce proceeding go smoothly.

Frankly, in Alabama or anywhere else for that matter, separation and divorce can be life-altering events that tear at the hearts and emotions of the spouses affected, not to mention their families and even friends. Maintaining a cool approach, as hard as it may be, is one of the best things you can do for yourself at this difficult time.

Previously, I talked about how to make the process work. Here, I’m going to review the “mechanics” of a No-fault divorce here in Alabama. Before I start, I’ll remind folks again that it is essential for both parties to avoid any hostile or accusatorial tone if they wish the divorce process to go smoothly. Stay calm and you will have a much better opportunity to settle your differences and move on with your separate lives.

As for the legal grounds for an Alabama No-fault divorce includes the following:

1. An incompatibility of temperament that results in the two parties’ inability to live together
2. An irreversible and permanent breakdown of the marital union, which makes any attempts at reconciliation either impractical, futile, or not in the best interests of the two spouses or the family in general
3. The voluntary abandonment by one of the spouses from bed and board for one year preceding the filing of the divorce complaint

To initiate a No-fault divorce in Alabama, one of the above reasons must be specified on a state document (Complaint for Divorce) and filed with the court. Following this, and having agreed to avoid personal attacks and accusations, the two parties should be ready and willing to accept the legal reasons for a No-fault divorce. Now it is time to meet with your individual attorneys to discuss the details of the marriage dissolution.

After accepting the reasons for the divorce, both spouses should be prepared to discuss three specific areas that must be addressed and agreed to before the dissolution of the marriage. These areas include the following:

• Community finances
• Assets 
• Children

 

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A fight over child custody can be a painful and wrenching experience for any family. As an Alabama family law attorney and divorce lawyer in the Birmingham area, I have seen the emotional torrent that swirls around all parties in hotly contested custody battles. In the case of former vice-presidential hopeful Sarah Palin’s grandson, Tripp, hopefully the child’s young age will at least spare him from most of the drama.

Recently, news agencies have been talking about the latest saga of Bristol Palin and her former boyfriend and fiancée, Levi Johnston. According to reports, Johnston has been on a so-called campaign against Alaska’s former “first family” by revealing a variety of family secrets.

Regarding the recent custody case over young Tripp, public records from an Alaskan court have revealed a heated battle between Palin's daughter and the father of her grandson. Bristol Palin had asked the court to keep the proceedings closed, but that request was denied a Superior Court judge -- a temporary order had authorized the use of pseudonyms while the court was considering the request, which stated that no good "could result to the child by an onslaught of media."

Johnston’s stance was that he didn’t feel protected against Sarah Palin in a closed setting. The father of one-year-old Tripp had been pushing for open court proceedings, saying he just wanted a simple case based on its merit. A qualified family law attorney can be a great asset in cases not unlike this one

According to news articles, Bristol Palin had petitioned the court in early November last year, asking for sole custody as well as child support. The petition also requested a visitation schedule for Johnston, saying that the former fiance had exercised "sporadic visitation rights."

The eldest daughter of Sarah Palin, Bristol Palin's custody petition called Johnston's recent nude photo shoot for Playgirl magazine "risque." She also noted that the man’s mother, Sherry Johnston, should not be allowed unsupervised visits with the baby following her drug arrest. Sherry Johnston, who is reportedly serving a three-year sentence under home confinement, was again sentenced last month on a guilty plea to one count of possession with intent to deliver the painkiller OxyContin.

In a motion opposing closed proceedings, Johnston's attorney argued that Bristol Palin had not shown what sort of evidence could stigmatize the child. The lawyer said that the Palin-Johnston case has similar facts that accompany open child custody cases every day in the Alaskan court system.

 

Bristol Palin seeks full custody of baby, MSN.com, December 29, 2009

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Here in Alabama, as elsewhere across the country, divorce is a serious step for any married person. From a personal point of view, separation or divorce is a truly emotional event. From a legal standpoint the process of divorce is fairly well defined, although the steps toward the final divorce decree will vary due to individual circumstances.

As a Birmingham divorce lawyer and family law attorney, I tell my clients to try to remain as cool and collected as possible. While emotions can run quite high, this is a legal process and you will benefit from keeping your feelings in check as much as possible as you follow the advice of your attorney. The following is the first of a two-part discussion on the process of divorcing in Alabama.

As previously mentioned, very few divorces follow the exact same steps, but whichever direction your particular situation takes you, it is always wise to seek professional help as early as possible. A qualified divorce attorney can guide you along the way. Other professionals who can be of great assistance in these trying times include therapists and financial advisors.

Your most important resource will be your attorney, which makes choosing one a critical process in itself. First and foremost, you need to learn about your legal rights as they pertain to an Alabama divorce. A lawyer well versed in this state’s divorce and family law is your best choice and he or she will be able to clearly explain the details regarding separation, spousal support and alimony, child custody and visitation, as well as guardianship, child support and future division of assets.

The first step is financial. Here you must gather all of your financial documents. Be sure to make a copy of all paperwork that you have collected and present this information to your attorney. At this point, you will be able to learn what the financial impact of a separation will have on you and your children, if any. It is important to understand that while some couples have the means to physically separate, other unfortunately cannot, which may mean taking up residence in different parts of the same house.

An essential part of the financial evaluation is making the determination of which debts were incurred before the separation, as well as after. This should include any shared bills paid and improvements, if any, made to common property during the separation. You should also use this time to update your insurance coverage if any of those improvements added value to your property.

At this point you should decide whether or not you and your spouse will be filing your taxes jointly, or separately. Next time, I’ll talk about the other steps leading to a divorce or legal separation.
 

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As a Birmingham, AL, divorce lawyer and family law attorney I get many questions from clients regarding all aspects of divorce, separation, child custody and other divorce-related topics. This is a difficult time for all parties in a divorce, but there are some key topics that concern many a spouse and parent affected by legal separation and especially divorce, namely visitation rights.

What is Standard Visitation?
Depending on where you live in Alabama, you may have questions on what is standard visitation for any minor children involved in a divorce. While the custodial parent has little concern in this area, in my experience shows that the non-custodial parent is the one who is almost always anxious about the court’s decision regarding visitation.

In theory, most domestic relations and/or juvenile court judges have very wide latitude when it comes to visitation schedules. In fact, the court usually decides on a case-by-case basis what is best for the children. Depending on the facts and circumstances, the visitation schedule for one couple can be very different from that of another.

While there exist visitation guidelines, it is widely understood that most judges settle on their own “standard visitation” schedules, which they place in their orders. Because each judge has rather wide discretion to fashion a special visitation schedule for a particular couple, the parties going through the divorce should be prepared for certain deviations. This is why it is always advisable to retain the services of a qualified divorce and family law attorney.

It is also important to note that even the final order can vary slightly from the basic order. For instance, in one jurisdiction a Wednesday night could maybe be added if the parties ask for it, but the court may not allow much more that that, in spite of any agreements between the two parties. However in an adjoining county, you may well find that a Wednesday night is already part of the standard order.

In the end, divorcing parents will find that cooperation is the best approach when it comes to visitation. This is because the visitation order usually only applies when the parties cannot agree on their own schedule -- serving as a minimum allotment of time for the non-custodial parent to get his or her share of visitation. But if you both can agree on your a mutual schedule, then your are free to create and follow that no matter what the judge’s order states.
 

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In Alabama, as in other parts of the country, there are certain issues that accompany divorce. As a Birmingham divorce and family law attorney, my office handles all aspects of legal separation, divorce, marital agreements and other legal matters affecting couples in Birmingham and the surrounding area. Anyone with kids who is going through or contemplating a divorce should consider the laws governing custody and visitation rights.

Custody in Alabama
The law provides for three different types of child custody: That of temporary custody, physical custody and, of course, legal custody. In Alabama, the courts typically encourage folks to share responsibility for their children by ordering joint custody whenever practical and physically possible. However, numerous factors must be considered before making this judgment.

It’s important to note that the courts in Birmingham, Montgomery and other cities and towns throughout the state are always able to deviate from the general rule as long as it is in the best interest of the child (or children).

Temporary Custody
This approach to custody, temporary, is exactly what it sounds like. Usually when a couple with children at home files for a divorce, the court will automatically enter and order for temporary child custody. This is just for the duration of the proceedings so that the children’s immediate interests are addressed, but the final custody decision always overrides this order at the conclusion of the divorce. The marital agreement should include the court’s final custody and visitation order.

Legal Custody
The final marital agreement will include a legal child custody order. Joint legal custody means that both parents make the major decisions that affect any children the couple may have. Naturally, the courts look for a cooperative attitude between the parents to ensure that the decisions will be made jointly and in the best interest of the children.

Alabama Joint Custody
An important point to make here is that the State of Alabama has a policy, which is governed by Alabama law that encourages the court to order joint custody in all custody cases, but allows the courts to deviate from that rule if it is in the best of the children.
If it deviates a court wishes to deviate from public policy, the court must state its findings in the record.

These are all practical considerations for any spouse to consider when children are involved. I always encourage people in this difficult time of their lives to consult early with a qualified divorce and family law attorney. A qualified legal expert can explain the various forms of custody, and answer any other questions you may have about divorce, custody or visitation orders.

 

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One of the biggest concerns among parents going through a divorce is the law’s affect on the custody of the children. In this respect, couples without kids have less to worry about, but having a qualified family law and divorce attorney at your side is the first step toward a better outcome. Here in Birmingham, and across Alabama as well, the courts have a great deal of discretion when it comes to child custody cases.

In any custody proceeding, the child or children in question become wards of the court, and as such the court is entirely concerned with any issues affecting those children. For example, in Ex parte Divine, the Alabama Supreme Court listed a dozen factors that must be considered when deciding upon the best interests of a child during a custody proceeding. These include:

• Sex and age(s) of the child or children
• Emotional, social, moral, material and educational needs of each child
• Type of home environment offered by each parent
• Each parent’s age, character, stability, and mental and physical health
• The individual parent’s capacity and interest in providing for the emotional, social, etc., needs of child or children
• Relationship between each child and each parent
• Relationship between the children themselves
• Effect on the children that disrupting, or continuing, an existing custodial arrangement would possibly cause
• Any preference(s) of child or children, assuming they are of sufficient age and maturity
• Recommendations of experts
• Any available alternatives
• Any relevant matters

Understand that past performance is often quite crucial in the court’s determination as to custody of a child. However, a spouse's prior performance may not be an accurate portrait of their future performance once the realities of a divorce become known. For example, a spouse who used to work at home taking care of the kids may not be able to stay home full-time once the divorce is final. This happens frequently as the financial situation of one of the two parents usually changes substantially after the divorce. The same can be said for his or her time constraints and other realities, which may have changed as well.

Because of this, the court has ultimate power in determining the custody situation with each child during the proceedings. This is just one more reason why my firm advocates divorce mediation and collaborative legal processes whenever possible. Parents should be the ones determining your child's best interests, not the courts.

 

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Amidst the worldwide outpouring of sorrow over yesterday’s untimely death of pop music legend  Michael Jackson, one big question that family law experts are asking is who will get custody over his three children. As a Birmingham divorce and family law attorney, I have encountered a variety of child custody cases throughout my career, but Mr. Jackson’s case is rather unique, not just to Alabama, but even to the quirky world of eccentric entertainment personalities.

With uncertainty relating to the children’s conception, questions of paternity, as well as the way in which the kids have been brought up, speculation is swirling as to whom the Jackson children will eventually wind up with. No doubt, this child custody case could have some surprising twists and turns.

There are several interested parties including Jackson’s mother, Katherine, and the children’s nanny, Grace Rwaramba, who has worked for Jackson for almost 20 years. Another large presence is the surrogate mother of the two older children. In addition, there is a second surrogate, mother to Jackson’s third child, who reportedly lives in Germany. According to news sources, Jackson’s estate is in the red by about $400 million dollars, however the entertainer’s notoriety will likely make the Jackson children’s custody a hotly contested issue.

Katherine Jackson has expressed a very strong desire to adopt her three grandchildren, according to a long-time family friend. However, Jackson himself reportedly said that he wanted the kids’ nanny to have custody should anything ever happen to him. Rwaramba, 42, had assumed an increasingly central role in lives of Jackson and his children, according to news stories. Following his acquittal on molestation charges in 2005, Jackson, Rwaramba and the children moved to Bahrain and then later to Ireland.

Surrogate mother, Debbie Rowe, who was a nurse in the office of Jackson's dermatologist, is the birth mother of two of Jackson’s kids, 12-year-old Prince Michael Jr. and 11-year-old Paris Katherine. Rowe was artificially inseminated prior to both pregnancies, but has never revealed if Jackson was the father of either child. She and Jackson were married briefly after Prince's conception, but divorced six months after Paris' birth.

Apparently, Rowe gave Jackson custody of the children, but sued him in 2006 for breach of contract in an attempt to regain custody. The pair settled out of court for undisclosed terms and Jackson retained custody. However, it is a good bet that with the Jackson’s recent death, Rowe will again try to gain custody of her children.

To add to the drama, Jackson’s third child was born to another surrogate whose identity has not been released. This woman, who gave birth to Prince Michael II in 2001, could add another component to the case. Prince Michael II,  better known to the public as Blanket, was infamously dangled by the pop star from the window of a Berlin hotel not long after his birth.

 

Who Will Get Custody of Michael Jackson's Kids?, ABCNews.com, June 26, 2009

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For those looking at divorce in the near future, a significant number may also be wondering about the potential custody arrangement for your children. As a Birmingham family law and divorce attorney, I’ve lent my shoulder to many a parent, but it’s the kids that make this job tough. Last week I explained legal custody and joint custody. Right now, I’ll pick up with sole and joint custody to round things out.

Sole Custody
In this scenario, one parent can have either sole legal custody or sole physical custody of a child. In many states, divorce courts are moving away from awarding sole custody to one parent and toward increasing the role a divorced father plays in his children's lives. Even when courts do grant sole physical custody, it is common for both parents to share joint legal custody, with the non-custodial parent enjoying a generous visitation schedule.

With this arrangement, the parents make joint decisions about the child's upbringing, with one parent deemed the primary physical caretaker and the other granted visitation rights. Courts hardly ever hesitate to grant sole physical custody to one parent if the other is deemed unfit -- this can include instances of drug or alcohol abuse, when the other parent has a new partner who is unfit for similar reasons, or if there are charges of child abuse or neglect.

I’ve seen many cases where one or the other spouse harbors a great deal of animosity toward the other, but believe me, it's wiser not to seek sole custody unless the other parent causes direct harm to the children. Even in such cases, the courts have been known to simply allow supervised visitation, while still ordering joint legal custody.

 
Joint Custody
Also known as shared custody, joint custody is reserved for parents who don't live together but who share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together in the first place. Joint custody can be legal, physical or both.

It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around. And when parents share joint custody, they usually create a schedule based on their work and housing arrangements as well as the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement.

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If you’re reading this, you’re probably facing divorce. More than likely, you have at least one child and you’re worried how much time you’ll get to spend with him or her after the divorce. It may not be much comfort, but you’re not alone -- each year more than one million couples on average get divorced nationwide.

From the standpoint of a Birmingham divorce and family law attorney, I can tell you there are several ways to go with custody. You should learn the difference between each type so you know going forward which is the best for your situation. I’ll explain two types today: legal custody and physical custody. We’ll save sole custody and joint custody for another time.

Legal Custody
As a parent with legal custody, you would have the right -- as well as the obligation -- to make all-important decisions about your child's upbringing. This includes choices pertaining to schooling, religion, and medical care, among others. In many states, courts typically grant joint legal custody, which means that both parents share in the decision-making process.

Remember that if you share legal custody with the other parent and you exclude that person from the decision process, your ex can ask the court to enforce the joint custody agreement. The court won’t fine you or send you to jail, but the episode will more than likely create additional friction between you and your former spouse, which is not going to help your kids, who should be foremost in your mind.

If the exclusion is based on some deeper issues (such as a history of abuse, etc.), you can ask the court to change the custody agreement and grant you sole custody. Be aware, however, that most states will usually lean toward joint legal custody, unless you can persuade the court otherwise. This is where a good divorce attorney can really come in handy.
 

Physical Custody
A grant of physical custody gives a parent the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. In cases where the child lives primarily with one parent, and has visitation with the other, the parent with whom the child primarily lives will usually have sole physical custody, with visitation rights granted to the other parent. This works best if the parents live close by, which also helps to reduce children’s stress levels by allowing them to maintain a somewhat normal routine.
 

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Divorce in Alabama, or anywhere else across the country, is a painful and difficult process. As a Birmingham Divorce Attorney, I remind anyone considering divorce to enter carefully and deliberately. Especially for young married couples with children, this can be an extremely stressful and highly emotional time.

When children are part of the equation, parents going through a divorce can encounter numerous other pressures. One source of pressure comes very often from the grandparents of children affected by the divorce. Recently, an Alabama appeals court decided a case where the paternal grandparents sought unsupervised visitation rights against the wishes of the mother.

The Alabama Court of Civil Appeals overturned a trial judge’s ruling that permitted the paternal grandparents visitation of their grandchild without the mother’s presence. This is good news for custodial parents, because even though the grandparents in question reportedly had a very active role in the child’s life prior to the divorce, the appeals court ruled in favor of the custodial parent. Upon reversing the earlier decision, the Court of Appeals held that it would be improper to place grandparents' rights over those of a fit parent.

The law’s outlook on grandparent visitation has been in flux since 2000, when the United States Supreme Court rendered its opinion in Troxell v. Granville. Yet with this recent Alabama decision -- and other similar rulings occurring nationwide -- it looks as though grandparents will find it more and more difficult to receive court ordered visitation, unless there are substantial allegations, backed by findings that the custodial parent is unfit to act in the child’s best interest.

If you are looking for an Alabama divorce attorney or family law lawyer, please feel free to contact my office today. At Eversole Law, we strive to be a different kind of law firm. If you or a family member needs help with a divorce, we will treat you with all the caring and compassion you deserve.

 

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The rules regarding divorce or custody proceedings involving military personnel are different than those affecting civilians.  The Soldiers' and Sailors' Civil Relief Act is just one way that military personnel can benefit from these different rules.  The most important aspect of the Act is the availability to stay any civil proceeding, whether it be child custody or visitation, divorce, or child support proceeding confronting the service member or their dependents. 

The Act, signed into law on Dec. 19, 2003 by President Bush expanded service member's protections and rights to include not only temporary suspension of judicial proceedings but also temporary suspension of administrative proceedings and transactions as well.  The Act provides these protections to members on active duty in all branches of the armed services as well as members of the National Guard called to active duty for over 30 days. 

If a service member receives a default divorce judgment for example, the court shall reopen the Judgment to allow the service member to defend if: 1. the military member was affected due to military service in asserting his defense and 2. the application to reopen is filed within 90 days after the end of military service. 

**The military have special rights and obligations pertaining to divorce and family law matters.  I strongly advise all military personnel to speak with an experienced attorney or lawyer who understands the substantial differences in military divorce and family law. 

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The Alabama divorce and family law attorneys and lawyers of Eversole Law offer legal services in Alabama divorce, alimony, child custody, child visitation, prenuptial and post-nuptial agreements, grandparents rights, adoption, and other Alabama family law matters. I founded my Alabama divorce and family law practice to ensure every Alabama family has access to affordable and qualified Alabama divorce and family lawyers and attorneys.  I will personally walk your family through the difficult process of an Alabama divorce proceeding and make sure your interests are protected in child custody, alimony or visitation proceedings and orders.  As an Alabama divorce lawyer I represent clients in Birmingham and throughout the state of Alabama, and I guarantee top notch service and quality legal professionalism.  When you chose an Alabama divorce lawyer or attorney from Eversole Law you are choosing personalized 24/7 service in a family like environment.  We take care of our clients in every way. 

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My Alabama divorce and family law office is centrally located in Birmingham, Alabama so that we can offer our Alabama divorce, child custody and visitation, alimony, child support, adoption, prenuptial agreements, and other family law matters practice throughout the entire state of Alabama.  I represent clients in every court in Alabama including, but not limited to the following courts and jurisdictions:

In the Birmingham, Alabama Metro area I routinely try divorce and family law cases in the following cities and counties:

Jefferson County, Adamsville, Argo, Birmingham, Bessemer, Branchville, Fairfield, Fultondale, Gardendale, Homewood, Hoover, Hueytown, Irondale, Kimberly, Leeds, Morris, Mountain Brook, Odenville, Springville, Trussville, Vestavia, Warrior 

In the Shelby County, Alabama the lawyers and attorneys of Eversole law work in the following cities and courts:

Shelby County , Alabaster,  Columbiana, Harpersville, Hoover, Vincent, Pelham, Calera

Other areas of Alabama the lawyers of Eversole Law represent clients include:

Tuscaloosa, Northport, Chilton County, Jemison, Thorsby, Altoona, Talladega County, Jefferson County, Walker County, Madison County, Cullman, Hunstville, Decatur, Florence, Guntersville, Scottsboro, Montgomery, Pelham, Gadsden, Anniston, and all other counties and municipalities in Alabama.   

***This list is not exhaustive, my office will represent divorce and family law clients across the entire state of Alabama. 

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As an Alabama divorce and family law attorney and lawyer I help people every day with serious Alabama family law and divorce issues.  Stationed centrally in Birmingham, Alabama my office routinely represents clients throughout the great state of Alabama.  We help clients through divorce,  with child custody and visitation rights, alimony, grandparents rights, child support modifications, adoptions, post divorce proceedings, contempt of court hearings, and with all things Alabama family law and divorce related.  Seldom do things turn out as perfectly for a client as they turned out today.  After getting Client X everything, and I mean, everything she asked for in her post divorce child custody and support proceedings, she had this to say about my services:

"You are great, I am so relieved and excited.  You were well worth every penny and then some.  I can't wait to tell my friends about you.  You truly cared about me and my family.  I cannot thank you enough.  Your service, price and expertise were outstanding!  I still cannot believe you were able to secure everything I asked for in the proceedings.   You are a godsend.  Thank you, thank you,  thank you." 

I am an Alabama divorce lawyer and attorney because of people like this wonderful lady.  She did nothing wrong and her husband was trying to forcibly obtain custody of her teenage daughter.  It was an underhanded move and he got what he deserved, nothing.....except some large legal fees. Ha!  This case, and these results, seeing how happy Client X was after hearing the good news, is why I became an Alabama divorce and family law lawyer and attorney.  I cannot think of another job that would allow me to have such a huge impact on the lives of people and their families.  I only hope I can continue to provide such excellent service. 

 

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Please check out my firm's website.  My Alabama Divorce Law firm focuses our practice on divorce, child custody, child visitation, alimony and support, property division, asset protection, family law and more.  We cross the state of Alabama and regularly handle divorce and family law cases in Birmingham, Mountain Brook, Vestavia Hills, Hoover, Pelham, Leeds, Moody, Pell City, Trussville, Huntsville, Montgomery, Mobile, Tuscaloosa, Fultondale, Irondale, Homewood; and in counties like Jefferson County, St. Clair County, Madison County, Tuscaloosa County, Shelby County, Mobile County, Walker County, Jackson County, Marshall County, Limestone County, Chilton County, Bibb County, Talladega County, Montgomery County, Etowah County, Mobile County, Cullman County, Baldwin County, Winston County, Dekalb County and Cherokee County, etc. 

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Grandparents have the right to visit their grandchildren in Alabama.  Any grandparent may file an action to enforce their grandparents visitation rights if the grandparents visitation is in the best interest of the child and one of the following conditions are met:

• One or both parents of the grandchild have died
• The parents of the grandchild have divorced
• A parent of the grandchild has abandoned the child
• The grandchild was born outside a marriage
• If the parents of the grandchild are still married and living together but one or both of the parents are using their authority to prevent a grandparents relationship with their grandchild.

The courts will look to see if a grandparents visitation is in best interest of the child.  When determining if a grandparents visitation rights are within the best interest of a child, the courts will look to the following factors for guidance:

• The grandparents willingness to cultivate a relationship with the child and his parents
• The grandchild's preference
• The health of the grandchild
• The mental and physical health of the grandparents
• Any evidence of domestic violence between one parent and another parent, parent and child, or between parent and grandparent
• Any other relevant factors, including the preferences of any living parent

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A great resource for parents going through a divorce, Breakthrough Parenting offers some interesting insights into better parenting.  They offer help for divorcing parents and offer classes in becoming a certified parenting coach.  In today's world, we cannot do everything alone.  This website gives parents some much needed advice. Dealing with your children who often do not understand the situation is very hard.  While we cannot eliminate these kind of stresses, my firm tries to limit them.  We are here to help you through this very difficult time.  I want my office to be more than just a law firm.  When you retain my firm we are here through thick and thin, to the very end, and we are on call 24/7.

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Joint Custody is preferred and deemed to be in the best interest of the child.  Alabama Code section 30-3-150 makes it state policy to encourage joint custody whenever both parents "have shown the ability to act in the best interests of their children." The court must consider joint custody, but is free to grant custody in any form it determines is in the best interest of the child.  The court looks to several factors when deciding to award joint custody: 

• The court looks at the parents wishes regarding joint custody
• The parents willingness and ability to work together and make decision in the best interest of the child
• Ability of each parent to foster the child's love for their ex
• Potential for any kind of abuse or kidnapping
• Distance between parents and practical geographic implications of joint custody
• The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.

****When both parents request joint custody, joint custody is presumed to be in the best alternative.  Thus, in Alabama, joint custody is required unless the court makes specific findings as to why it is not.  Check out this helpful guide listing some Alabama Divorce and Custody code sections ,as well as other valuable divorce and child custody resources. 

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Alabama Courts have wide discretion in child custody cases.  A child becomes a ward of the court in custody proceedings, and any matter affecting the child is a concern of the court. 

In Ex parte Divine , the Alabama Supreme Court enumerated twelve factors to be considered when deciding what is in the best interest of child in custody proceedings:

• Sex and age of the child
• Emotional, social, moral, material and educational needs of each child
• Home environments offered by each parent
• Parents age, character, stability, mental and physical health
• Parents capacity and interest in providing for the emotional, social, etc., needs of child
• Relationship between each child and each parent
• Relationship between children
• Effect on child of disrupting or continuing an existing custodial status
• Preference of child, if the child is of sufficient age and maturity
• Recommendations of experts
• Any available alternatives
• Any relevant matter

Past performance is often crucial in determining custody.  However, a spouse's prior performance may not be an accurate portrait of their future performance once the realities of a divorce are present.  A spouse who used to work at home taking care of the kids, may not be able to stay home full-time once the divorce is final.  Their financial situation, time constraints and other realities have changed.

Thus, a court has the ultimate power in determining how your children are raised in a custody proceeding. This is just one more reason why my firm advocates divorce mediation and collaborative legal processes whenever possible.  You should be the ones determining your child's best interest, not the courts. 

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