Paige Elliott , P.C.

Despite the fact that the husband and wife have equal standing before the court, the wife is generally named custodian of the minor children. However, we do not hesitate to vigorously represent our clients, whether mothers or fathers, who seek custody of their children.

Of course, the non-custodial spouse ordinarily has reasonable rights of visitation. If the parties can agree to the details of visitation, the court will usually approve the plan. If the court is required to determine specific visitation rights, the court will generally adhere to the standard visitation arrangement for Jefferson County (see Standard Visitation Schedule below). Special visitation rights may be awarded to out-of-state parents (see Out-of-State Standard Visitation Schedule below). For children under three years of age, the rights of visitation are more restricted.

Joint custody is appropriate in certain instances, and can gain the approval of the court when agreed upon by the parties. An order for joint custody means that the parties will continue to share the legal rights and responsibilities attendant to being a parent, just as they do during the course of an ongoing marriage. The parties will agree upon a plan for sharing the child's time; often this means establishing a primary residence for the child, and working out a feasible time-sharing arrangement. The judges prefer that the parties work out the details so that it is clear which parent has primary responsibility for certain aspects of the child's care. Each joint custody arrangement is subject to the court's approval. Child support and other support related issues such as the provision of medical insurance for a child may be agreed upon between the parties. No matter what the custodial arrangement, each parent has equal access to school and medical records.

Child support and visitation rights are “not interrelated” under Alabama law. This means the custodial parent may not legally withhold visitation from the parent who does not pay child support as required. It is the child's right to see his or her parent, and it is the responsibility of the custodial parent to ensure that, absent extraordinary circumstances, a child goes for visitation, even over the child's objection.