Are you going through a divorce or dealing with a child custody case? Many circumstances can lead to a dissolution of your marriage or reconsideration of child custody agreements. These situations can cause hurt feelings and elevated stress levels.
This would be counterproductive to sound decision making; especially when child custody is involved. If you’re involved in a child custody battle, you might want legal representation. Charlotte Christian Law is dedicated to helping people like you with child custody and divorce cases. If you give us the opportunity, we’d be honored to handle your case too!
What Type of Custody Are You Seeking?
One of the things that makes child custody cases so complicated is that there are several different types of custody. To proceed with the best strategy in your case, we must figure out what type of custody you are seeking. A brief summary of the most common types of custodial rights is below.
In sole custody arrangements, one parent will typically have the child in their custody for a majority of the time, with the other parent receiving visitation rights.
In most sole custody arrangements, the custodial parent can make decisions regarding where the child lives or goes to school. However, this can be challenged if one parent seeks to move the child so far away as to adversely affect the other parent’s visitation rights.
Whether you are fighting for sole custody, or seeking to stop a parent with sole custody from moving your child too far away, Charlotte Christian Law can help you. We also work with clients who feel like the custodial parent is impeding their visitation rights by not making the child available for scheduled visits or communication.
In joint custody arrangements, the child typically spends equal time with both parents. Additionally, parents in joint custodial arrangements usually reach mutual consensus regarding:
- Where the child will be schooled
- The time the child will spend with each parent
Although joint custody sounds like a perfect arrangement, it may not actually be in the best interests of the child. Joint custody arrangements only work if both parents are of sound mind and body. They must also both be able to contribute equally to the welfare and care of the child.
However, even if your former spouse is of sound mind and body, there could be very good reasons for you to contest a joint custody filing. If for example, they have a job that keeps them away from the home at all hours of the night (e.g. police officer, truck driver), a joint custody arrangement might not be the best.
On the other hand, if you’re fighting for joint custody, we can make a strong case on your behalf. We have to convince the judge that you and the other parent are equally fit, and therefore, entitled to equal custodial rights.
Physical Custody vs. Legal Custody
This is another area that can become a point of contention between parents. Physical custody speaks to which parent the child will primarily live with.
Legal custody on the other hand, refers to which parent will be making important legal decisions concerning the child’s welfare (e.g. medical, schooling). So, for example, you could be a traveling salesperson who wants to leave your child in the custody of the other parent, but maintain the legal right to make decisions regarding the child.
You could also be a parent in physical custody who also wants legal custody because the other parent is unable, unwilling or unfit to make the kinds of decisions that come along with legal custody.
Regardless of what type of custody you’re seeking, you can rest assured that Charlotte Christian Law will work tirelessly to protect and defend your custodial rights. We know that no two cases are alike and we understand your child is the most important thing in the world to you. We are familiar with many kinds of custody arrangements and can help your family with yours.
For a free legal consultation with a child custody lawyer serving Huntsville, call (256) 445-9206
How do Custody Decisions Get Made?
Child custody cases, and divorce cases, are decided in family court. When it comes to child custody cases, the family court judge (and by extension the state) is tasked with acting as a neutral arbiter of the child’s best interests.
Each side will choose what type of custody they are seeking and then petition the court. Family court judges take many different factors into account when deciding child custody.
Many Things Can Affect How a Judge Could Decide Custody Arrangements
The judge needs to know whether or not the parent seeking primary custody can take care of the child. For instance, the judge will wonder if the parent in question is fit to make sound decisions regarding a child’s welfare and provide for the child on a daily basis. Another important factor is the personal history of either parent.
If there were documented examples of domestic abuse, child neglect or other criminal behavior (e.g. drug arrests, DUI arrests) by either party during the marriage, the court will strongly consider this evidence.
The court will also consider the amount of upheaval new custody arrangements will lead to for the child. If for example, the child has special needs and has nearby access to necessary services in their current home, the court may be loath to remove the child from that home.
Our Team Will Do All We Can to Support You in Seeking a Favorable Decision
After hearing all the relevant facts in the case, the family court judge carefully weighs the evidence in deciding who should have custody of the child and what kind of custody they will have.
This underscores the importance of making as good an impression on the family court judge as possible. Our attorneys have argued child custody cases on behalf of clients in courtrooms all over Alabama. Part of our commitment to your case is preparing you to make the right first impression on the family court judge, regardless of jurisdiction.
Charlotte Christian Law will work with you to present your case for child custody in the best light possible. We will compile and utilize every single factor that sheds a favorable light on your child custody case in our presentation to the judge.
Huntsville Child Custody Lawyer Near Me (256) 445-9206
We Can Help You Secure a Paternity Test
There are times where it’s necessary to take a paternity test to prove you have parental rights or to seek child support. Often when this happens, the other party may attempt to delay taking a test or try to prevent one at all.
Sadly, there are also cases where people get wrongfully sued for child support. A former spouse or partner could seek support for a child that isn’t yours. In this case, a paternity test can prove you’re not the parent (and, therefore, not liable for child support payments).
In either case, Charlotte Christian Law can help you in:
- Seeking a court-ordered paternity test to enforce your parental rights
- Providing you with the proof you need to be released from state-mandated child support payments
Our Firm Can Help You Fight for Child Support
It’s no secret that raising children can be an expensive proposition. If you’re a custodial parent, you might need child support from your former spouse. This can be the case even if you’re not a custodial parent.
If you were not the breadwinner in your marriage, but you need child support, Charlotte Christian Law can help get what you need. Even if your former spouse claims not to have funds, we could find them through the use of forensic accounting and our investigative efforts.
We realize that child custody without child support is a pretty hollow victory. You can rest assured that Charlotte Christian Law will approach your child support case with the same intensity we approach the question of child custody. For us, the two go hand in hand.
Complete a Free Case Evaluation form now
What If I Signed a Prenuptial Agreement Granting Custody to my Former Spouse?
It’s a sad reality that many marriages end in divorce. In light of this, many couples sign prenuptial agreements that spell out what will happen if their marriage fails. While most prenuptial agreements focus on financial arrangements, some also deal with child custody.
The good news is, even if you signed an agreement awarding custody to your former spouse, the fight isn’t over. Prenuptial agreements can be contested. Even if the financial aspect of the agreement is held up, the court will decide child custody based on what’s best for the child at the time your case is heard.
You see, prenuptial agreements were originally designed to avoid long, protracted fights over assets after marriages dissolve. However, child support and child custody issues occur too far into the future for any prenuptial agreement to adequately address.
Charlotte Christian Law can still fight for you even if you think you “signed away” your custodial rights in your prenuptial agreement. So, don’t let the fact that you signed a prenuptial agreement with child custody and support stipulations deter you from calling us.
Do You Need Help Revising Court Ordered Custody Arrangements?
When courts make custody decisions, they base those decisions on what’s best for the child at that moment in time. However, things change and sometimes what was in the child’s best interests before is not in the child’s best interests now.
For example, what if the parent who was awarded sole custody has developed a drug or substance abuse problem in the time since the court made their decision? Or, what if you were denied custody because you were working long hours, but you’ve since transitioned to a more stable career?
Remember, custody decisions are not permanent. When circumstances change, you have the right to petition the court to change custody arrangements. If you find yourself in this situation, Charlotte Christian Law can represent you regardless of who your attorney was in your original custody case.
Ours Is an Award Winning Law Firm
Charlotte Christian Law has been a member in good standing of the Alabama Bar for over 20 years. During that time, the firm has represented hundreds of clients in family law cases involving complicated issues like divorce, child custody and child support.
Our firm prides itself on treating clients with respect and fighting fearlessly for their interests. Our commitment to client service and handling cases with a personal touch has led to us winning several prestigious awards for excellence in our field.
Charlotte Christian Law received a 10.0 rating from Avvo for 2021. Additionally, peer review service Martindale Hubbell rated Charlotte Christian as preeminent in her field, meaning Charlotte Christian Law is well respected by attorneys and clients alike.
The Charlotte Christian Law Difference
First and foremost, Charlotte Christian Law wants our clients to realize we are dedicated to working in their best interest. We didn’t win all those awards because we sat back and let the game come to us. We believe in actively representing our clients and the extra mile for them.
That means taking a holistic approach to handling your case and treating you like a client, not just a file number. Aside from fighting for you, our secondary goal is to minimize much of the frustration that comes with child custody cases by keeping in constant communication with your regarding the status of your case. We want you to understand what’s going on.
The way we see it, we’re not just fighting for you, we’re fighting with you. We realize that your child custody case is very likely the single most important thing in your life. That’s why our mission is to do everything in our power to leave you in a better position after we’re done handling your case than you were in when we had our initial consultation.
Charlotte Christian Law, for the Most Important Case in Your Life
Divorce and child custody cases are difficult, even under the best of circumstances. No matter how you cut it, divorce means you’ve come to the end of what was once perhaps the greatest dream of your life. With all that said, you still have rights that need to be protected.
If they aren’t adequately protected, a bad divorce settlement could add insult to the hurt you’re already feeling. You deserve to reconnect with your child and spend time with family, not pore over legal documents. Let us do this for you.
Charlotte Christian Law is dedicated to fighting for people just like you. We believe our years of experience and award winning legal services speak for itself. If you’re getting divorced, or seeking a child custody attorney, please make us your first phone call. We’re waiting to hear from you and it would be our honor to represent you. Call (256) 859-7277 today.