ALABAMA CHILD CUSTODY LAW AND THE RECOGNITION OF FATHERS RIGHTS
ALABAMA CHILD CUSTODY LAW AND THE RIGHT TO HAVE A MEANINGFUL RELATIONSHIP WITH YOUR CHILDREN
Fathers, like all parents, have a constitutional right under Alabama child custody law to a relationship with their child. Likewise minor children have a complementary fundamental right to free association with their parents, including their father.
Alabama child custody law, as set out the Alabama Code states that the public policy of the State of Alabama is to foster the parent/child relationship. Consistent with that policy, the State, through its court system should not intrude on these constitutional rights any more than is absolutely necessary to protect a compelling state interest such as protecting a child from harm. Under Alabama child custody law, a court is obligated to make decisions that are in the best interest of the child. Also, a court must balance the rights of the parents with the child’s best interests to fashion a visitation award that is tailored to the specific facts and circumstances of the individual case.
Under Alabama child custody law, an Alabama court may impose restrictions on custody or visitation in order to protect children from conduct, conditions, or circumstances surrounding their noncustodial parent that endanger the children’s health, safety, or well-being. However, an Alabama divorce court may not use an overbroad restriction that does more than necessary to protect the children.
In the past, the Alabama divorce lawyers at Bradford Ladner LLP have represented individuals who have had their visitation restricted or even cut off by a court order. We have fought hard for our clients right to see their children and to build a strong relationship with their children. Sometimes it is a tough road and a long road to winning back a parent’s rights to be a part of their children’s lives. But with perseverance and the application of sound legal arguments well made before courts across Alabama, we have managed to gain success for our clients.
ALABAMA CHILD CUSTODY LAW AND THE RIGHTS OF UNMARRIED FATHERS
In recent times, births to unmarried parents has accounted for a significant percentage of overall births. Because of this there has been an increase of births to unmarried parents1 has led to an increased focus on the fathers of these children. Referred to as alleged, presumed, reputed, or putative fathers, many of them seek recognition of their legal rights and expanded roles in raising their children.
Historically, unmarried fathers have had fewer rights with regard to their children than either unwed mothers or married parents. As noted above, the U.S. Supreme Court has established that there are constitutional protections of such a father’s parental rights. Enforcing those rights allows an unmarried father the opportunity to establish a substantial relationship, which it defined as the father’s commitment to the responsibilities of parenthood, as demonstrated by being involved or attempting to be involved in the child’s upbringing.
Alabama law contains a number of provisions regarding the establishment of paternity, the legitimization of children of unmarried parents, and the establishment of a child / parent relationship outside of marriage and divorce. Please visit or reference page on Alabama Family Law And Paternity for more information.
Bradford Ladner, LLP is a Birmingham Alabama Divorce and Family Law law firm providing legal counseling and representation throughout the State of Alabama for clients facing divorce, child custody, child support, and divorce agreement enforcement issues. If you have a legal problem regarding divorce or family law, please call us today.