Alabama Family Law Blog

The Alabama Court of Civil Appeals recently overturned a trial court that awarded the parties to a divorce joint physical custody of their child with the mother to exercise custody one year and the father to exercise custody the next year. The case is Headrick v. Headrick, Case No. 2030690 (Ala. Civ. App. June 17, 2005).

The trial court's order directed that the parent that had physical custody in a particular year would also have authority to choose which school the child would attend that year. The parties lived approximately 45 miles from one another. So, the child potentially could have been required to change schools from year to year. The appellate court held that such frequent disruptions were not in the child's best interests.

Significantly, the court distinguished the arrangement in this case to other joint custody arrangements where children alternate living with each parent for one or more weeks at a time. The court held that "because of the long intervals between changes in the primary custodian, and the distance between the parties' current residences, the alternations of custody ordered by the trial court cannot be favorably compared to split-custody arrangements in other cases where a child spends several days per week with each parent or alternates custody after one or more weeks at each parent's residence. In those cases, which typically involve parents who live in the same community, there may be a greater possibility of continuity and the development by the child of stable scholastic, social, religious, and family routines and relationships, even though he or she may be forced to alternate between two residences. Instead, in the present case, the child will develop one set of routines and put down one set of roots in even numbered years; then, in odd numbered years, he will be moved to a different home and a different community and will be forced to develop different routines, to sever existing bonds and develop new ones, and, in short, to put down a different set of "roots." Although alternating custody arrangements are not ipso facto improper, in this case we see nothing in the record that would support a conclusion that this young child will not be subjected to major, disruptive changes in his life every year..."

I NEED YOUR HELP, I HAVE BEEN SEARCHING THE ALABAMA WEBSITES, FOR PUBLIC CASE INFO. OR COURT DOCUMENT FILINGS. I AM A SINGLE DIVORCED MOTHER. I WAS MARRIED & DIVORCED IN MOBILE, AL. BUT NOW I RESIDE IN ARIZONA. I HAVE FULL CUSTODY OF MY SON, BUT NOW MY EX, WHO STILL LIVES IN AL, IS TRYING TO GET CUSTODY, AND I HAVE NOWAY TO COLLECT ANY PUBLIC LEGAL FILINGS TO HELP ME!!I CAN'T LOSE MY SON, BECAUSE OF A DEFAULT COURT RULING. PLEASE HELP!!

My son was divorced in April 2005. He was the primary caretake of his daughter during marriage. Mother abandoned them for weeks and a few months before and after birth of daughter. Child is now 4. Father was trying to get custody of daughter, but then suddenly caved and stopped fighting ex wife when he got in court. He was afraid that only mothers get the children. They were divorced in Baldwin Co. Al. Final order gives joint custody with mother having primary physical custody.It was ordered that both parents make medical and educational decisions, as well as babysitters. Mother has informed father that she is moving to Phoenix AL or Columbus GA in June following her livein boyfriend. Mother does not have a loving relationship with the child. Dad was almost full time caretaker during marriage. He is extremely nervous about taking ex back to court to stop move. Financially, it will be difficult, but the judge that he has had to appear before will not listen to witnesses, evidence or anything. Judge is young and burned out from her new judgeship.Does father have a change to get full custody if mother moves away. Mother takes child to an undisclosed daycare at 7:00am and picks her up at 6:30 pm. Father does not know place or name of daycare. Child was extremely happy with dad, but notedly depressed with mother. What are his options. She is in contempt of court by not disclosing daycare, using other sitters without notifying father. Mother is cohabitating with boyfriend and it was stated in the decree that their was to be no cohabitation from either party with child present. What do you suggest fathers options are at this time.There is only one family judge on the bench and it is the young quick tempered female. Child is dirty and unkept with mother. Mother forbids father to allow his parents to see child, yet child can visit with her family. Father has abided by her demands to keep mother from holding child hostage from visitation.
Please Help!

It sounds to me like your son has no choice but to fight the relocation. Under the statute he only has a limited number of days to file an objection (45). Has he done that? He needs to immediately get a lawyer who specializes in divorce and family law and who will fight for him agressively. You are right that to do so will be expensive (especially if he gets a specialist) but the alternative is that his child moves away and he sees him on summers and holidays. But, because of the costs (financial and otherwise) he is going to have to be willing to commit whole-heartedly to this effort. Please let me know if we can do anything else to help.

I need some answers for my daughter. She is the mother of a 6 month old little girl who was abandonded by the father in her 7th month of pregnancy. He left her without food, money or a vehicle and moved in with another woman who he soon impregnated and married. At the time my daughter went into labor the father was notified of the impending birth, came to the hospital for the delivery and basically disappeared again. (My daughter almost lost her life due to complications from the birth.) Now the father wants to be super dad. He first demanded a paternity test and petitioned the court for visitation which was granted as supervised for 3 hours every Saturday. (Many times he did not show up.) He was ordered to pay child support in the amount of $300/monthh which only sparodically paid. (He is currently in arrears by 2 months.) My daughter was very accommadating to the father by allowing additional visitation and eventually overnight stays. My daughter then met a man who she planned to marry in April '07 but when he received orders to Iraq he wanted to marry her before leaving to make sure she and the baby were taken care of financially and physically. My daughter made plans to go the N.C. to follow through with this and upon arranging to meet the baby's father to pick her up after visitation she was informed he had an order from the judge in the case granting him temporary custody due to the mother being a flight risk. That order was rescinded after the judge was informed of how he was deceived by the father (and what my daughters real intentions were) and the baby was returned to my daughter. A hearing was to be held today but the judge refused to hold the hearing, demanding the the attorneys settle the matter. Each gave their side and visitation and custody proposals, however the judge continued the hearing, granted the father visitation every other week for 7 consecutive days, reduced child support to $250/mo. and ordered him to pay the support up to date. He will not allow my daughter to leave the state to without prior permission of the court and further will not allow her to move to N.C. in January to be with her husband when he returns to the States. This little girl needs stability in her life. As hard as it is to get a child on a schedule she does not need to be tossed back and forth every other week. Please tell me where I can get answers and help my daughter.

Kerry,

I do not understand the judge's ruling under the facts as you describe them. I would have a consultation with a lawyer that SPECIALIZES in divorce and family law. Their may even be a possibility of the new husband adopting the child (thereby negating any rights the father had) if he did not comply with the Putative Father Registry. However, that is an extreme remedy and may be made more complicated given the current status of your case. This is a very complex matter that I am unable to explain throroughly in this context. However, I do urge you to get a family law specialist to consult with your daughter about her options at this point. You may consider looking at the American Academy of Matrimonial Lawyers website (www.aaml.org) for a lawyer in your area. You can do a search under the member directory.