In Alabama, according to the state’s child custody laws for unmarried parents, the mother of a child born to parents who are not married is presumed by law to have the right sole physical and legal custody of the child.
Physical custody is the right of a parent to have their child live with them. If a court awards joint custody to parents, married or unmarried, the child spends equal periods of time living with both parents. If one parent is given sole physical custody, then the child lives exclusively with that parent, and the other may have visitation.
Legal custody is the right of the parents to make decisions about a child’s upbringing. If a parent has sole legal custody, then that parent has the sole right to make all the decisions about a child’s upbringing.
These would include such decisions as how the child is to be educated, whether they are to be raised in a religious community and what kind of medical care the child should receive. If legal custody is shared, then the parents share the decision-making regarding these and other issues.
Of course, both parents continue to share the obligation to support their child financially. If a father establishes his paternity, he becomes legally obligated to pay child support.
A local attorney in Alabama would be able to provide additional information about child custody, child support, and visitation in that state.
Can an Unmarried Father Take a Child from the Mother?
It would be legally possible for an unmarried father, instead of the child’s mother, to win sole physical and legal custody of a child in Alabama, but it is unlikely. Basically, the only way for a mother to lose custody to the father would be for the father to go to court and prove that the mother is unfit to have custody. Or the mother might lose custody if she were to abandon the child.
In Alabama, as in other states, an unmarried father must first establish his paternity. The father then must go to court in Alabama to assert his right to custody in some form or visitation. A court in Alabama is going to apply the child’s best interest standard when deciding on custody and visitation.
To prove that the mother of the child is unfit to have custody, the father would have to produce evidence in court that the mother has engaged in conduct that is so bad that she is unfit to have custody of her child, and it would be improper to entrust her with the care of the child. Failing this, an unmarried father is likely to be awarded joint, or shared, custody at best.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
It is official policy in Alabama for courts to give preference to joint custody if custody is disputed. The goal of an Alabama court is to ensure that minor children have frequent and continuing contact with both of their parents if that is possible.
Of course, this presumption applies in cases in which the parents show that they have the ability to act in their children’s best interest. The presumption encourages parents, whether or not married, to share in the rights and responsibilities of rearing their children.
Among the factors that an Alabama court considers in making child custody decisions are the following:
- The child’s age and gender;
- The child’s emotional, material, and educational needs;
- The ability of each parent to meet their child’s needs;
- The environment in each parent’s residence:
- Each parent’s age, stability, and mental and physical health
- The child’s existing relationship with each parent at the time of the custody hearing;
- The nature of the child’s relationship with siblings, if there are any;
- How a change to the existing custody situation might affect the child;
- The reports and recommendations of expert evaluators and a guardian ad litem if one has been appointed;
- Any other relevant factors.
A person would probably want to have a legal consultation before preparing for a custody hearing.
What Are Some Other Issues That Unmarried Parents May Experience?
Of course, unmarried parents have the same right as married parents to negotiate a parenting agreement for themselves. These may be referred to as a “parenting agreement,” a “parenting plan,” or a “joint custody schedule.” The agreement should include information about how the parents would manage custody of the child, visitation, and all the other legal issues involved in the care of their child.
The agreement should be written as to specify agreements about both types of custody, physical and legal. Again, physical custody is where a child lives, whether exclusively with one parent or for equal periods of time with each. Legal custody is the determination of the parent who makes key decisions about the child’s upbringing, such as education, religion, health care, and the like. One parent may have sole legal custody or it can be shared.
Both kinds of custody can be sole or joint. Again, as to legal custody, sole custody would mean that one parent makes the choices about the child’s upbringing. For joint or shared legal custody, the parents would collaborate on decision-making.
For physical custody, sole custody would mean that a child would reside with one parent, and the other would have visitation. Or the child would live for some period of time with both parents on a regular basis in a joint or shared custody arrangement.
A good parenting plan would include a process for the parents to follow when they make decisions together if that is their wish. The plan might provide that one parent or the other would have the final say regarding decision-making if the parents are not able to resolve a disagreement. It might also include provisions for how the plan may be changed, e.g., if one parent wants to move to another state.
Of course, a complete parenting plan would have to address the issues of child support and how all of the costs associated with child rearing would be paid by the parents. It would also state how agreements regarding finances might be changed.
Attorneys would be able to help an unmarried couple negotiate a parenting plan. Mediation is a process that might also give unmarried parents the opportunity to design a plan that works best for them. The main goal is for the parents to agree on all plan terms. They may then submit it to the court. The court would review the plan. If the court thinks it serves the best interests of the child, they would approve it and make it a court order in the future. The court would then enforce the order if either parent were to violate its terms.
If the parents are not able to agree to a plan themselves, then either one may file a petition in family court in Alabama asking that it approve the plan they prefer. Of course, either parent may also ask the court for the custody they prefer, whether sole or shared, or the parent may want visitation.
The motion would be heard by the court. The hearing would be similar to a trial in court in that the parties would present evidence, but there would not be a jury. The judge makes the final decision after weighing the evidence and the arguments of the parties.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are the unmarried parent of a child and wish to determine your custody rights, you want to talk to an experienced Alabama child custody lawyer. LegalMatch.com can put you in touch with a lawyer who will be able to make sure your rights are protected and that the best possible plan for your child is put in place.
Last Updated: May 31, 2024
