Under Alabama law, custody of any child(ren) of the marriage may be granted jointly or to either parent by court decision (order). Do not use this form in a child support case filed by Alabama DHR. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Contact Alabama Divorce & Family Lawyers, LLC at (205) 255-1155. The first step for a parent is sending a notice to the other parent by certified mail. Some of the factors that can extend the length of divorce include whether spouses contest any issues or if there is any difficulty in assigning a piece of property value. If you decide to create a temporary custody order while your divorce is pending, it frequently helps to call upon the services of an experienced family law attorney. through A court of this state which is exercising jurisdiction pursuant to Sections 30-3B-201 through 30-3B-203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of … Short title ... permanent, temporary, initial, and modification order. A custody evaluation is where a social worker or mental health professional performs an evaluation by conducting interviews with various individuals involved in the child’s life, in order to give a recommendation as to the custody of the child. through Courts put temporary orders in place to govern the situation until they issue more permanent orders. through If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. This type of motion asks the court to make temporary orders to get you through the time when your divorce is pending. All rights reserved. If you’ve begun a divorce or child custody action, a court may have already issued a temporary custody order in your case. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. The purpose of temporary custody orders is to stabilize children’s lives until a court makes a permanent custody decision and to prevent them from having to move back-and-forth between their parents’ households. The following forms are available in portable document format (PDF) for the public and other users of the AOC website.For your convenience, the forms may be saved to your computer and used without accessing the internet. court: A probate court of this state.See Alabama Code 26-2A-20; guardian: A person who has qualified as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination or court appointment and includes a limited guardian as described in Sections 26-2A-78(e) and 26-2A-105(c), but excludes one who is merely a guardian ad litem. . Birmingham temporary custody and support attorneys, ... Alabama law allows a party to request certain matters be addressed on a temporary basis during the pendency of the divorce. Google Chrome, through 30-3B-203 Customized divorces and complex cases can range from $5,000 to more than $100,000, depending on a variety of factors, such as case complexity, assets, and child custody. Plus complimentary access to the divorce portal forum, and support groups. The Alabama State Bar requires the following statement: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Temporary custody orders have the power to determine a variety of factors concerning how a child is raised. Copyright © 2021 Alabama Divorce & Family Lawyers, Contact Alabama Divorce & Family Lawyers, LLC, Clergy, Teacher, and Other Institutional Abuse, Child Support After the Death of a Parent, Effect of Financial Windfall on Child Support, When Child Support or Alimony are Not Ordered. Sign the motion to reconsider. If you’re ready to hire a family attorney, there are many ways of getting in touch: Used prior to a permanent solution, temporary custody orders last until either divorce or custody issues are finalized. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. Begin typing to search, use arrow keys to navigate, use enter to select. Temporary custody orders have a variety of purposes in addition to being used while a divorce is pending. Dependent upon a variety of factors, divorces have the potential to take months or sometimes even years to fully conclude. These orders are used a way to prevent arguments between parents about custody related issues and can provide a method of recourse if a parent fails to comply with custody arrangements. Terms Used In Alabama Code 26-2A-107. , upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. File a supporting declaration, which details the legal justification for issuance of the temporary order; Submit a proposed temporary order that could simply be signed by the judge if approved; File proof of service, showing all paperwork has been properly delivered to your spouse; Your attorney can assist you in determining the best course of action. How can I get help with finances or custody during my divorce? The conversion of a temporary custody order to a permanent custody order is significant for primarily two reasons: 1) temporary orders are not appealable, and 2) the standard for determining custody is different depending on whether the current order is temporary or permanent. 30-3B-203 In the state of Alabama, many divorces take quite some time to fully resolve. Temporary custody is often determined during a separation or divorce, pending a final agreement. The court will determine temporary custody based on the best interests of the child. Agreements may start as temporary but may become permanent by a court of law. 1 Be sure to tell the judge that you want custody during your protective order hearing so that the judge can take your request into consideration. 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