The issue of child custody can be one of the most difficult and most contentious issues a family law attorney handles. It is also a very complicated issue, which leads to a tremendous amount of confusion and misinformation surrounding the topic. When facing an issue regarding the custody of your child, it is important to know some of the basics.
In Alabama, the court applies different standards when determining the best custody arrangement for minor children depending on whether there has never been a custody order in place or whether there is an order in place and one party is asking the court to modify that order. When there has never been a custody order in place, the court looks at what is in the "best interests of the child" when determining the proper custody arrangement.
When faced with a request to modify a current order, the court will apply what is known as the "McLendon" standard. This name comes from the 1984 case where this standard was set, Ex Parte McLendon. This standard requires the parent seeking to modify the custody order to demonstrate the following things in order for the changes they have requested to be made:
If you need assistance with a custody or visitation situation, please contact us today to schedule an appointment for a free consultation.
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