Changing a custody agreement is never an easy task, but it is possible. In Alabama, the process of changing a custody agreement can be complicated and challenging. If you`re looking to change your custody agreement in Alabama, this article will guide you through the legal process.
Understand the Types of Custody
Before attempting to change your custody agreement, you must first understand the types of custody recognized in Alabama. The two main types of custody in Alabama are legal custody and physical custody.
Legal custody refers to the decision-making aspects of custody. When a parent is awarded legal custody, they have the right to make major decisions regarding the child`s welfare, such as education, religion, and medical care.
Physical custody refers to where the child lives. When a parent is awarded physical custody, the child lives with that parent most of the time.
Both types of custody can be either sole or joint custody. In sole custody, one parent has all the legal or physical custody rights. In joint custody, both parents share legal or physical custody rights.
Reasons for Changing a Custody Agreement
To petition the court to modify a custody order in Alabama, you must have a valid reason. The most common reasons for changing a custody agreement include:
1. A significant change in the child`s needs or circumstances, such as a medical condition or a change in schooling.
2. A significant change in the custodial parent`s circumstances, such as a job loss or relocation.
3. A significant change in the non-custodial parent`s circumstances, such as a significant improvement in living conditions or increased availability to care for the child.
Steps to Change Custody Agreement in Alabama
Step 1: Hire an Attorney
The first step in changing a custody agreement in Alabama is to hire an attorney. A knowledgeable attorney can help you understand the legal process and represent you in court.
Step 2: Prepare Your Petition
Your attorney will help you prepare a petition to modify the custody order. This petition must contain specific information, such as the current custody order, the reasons for the requested change, and any evidence that supports your request.
Step 3: Serve the Other Parent
After filing the petition, you must serve the other parent with a copy of the petition and a summons to appear in court.
Step 4: Attend a Hearing
The court will set a hearing date after the other parent is served with the petition. At the hearing, both parents will have the opportunity to present evidence and argue their case.
Step 5: Await the Court`s Decision
After hearing both parents` arguments, the court will make a decision. If the court decides to modify the custody order, it will issue a new order that sets out the new custody arrangement.
Conclusion
Changing a custody agreement in Alabama is a legal process that requires the assistance of a knowledgeable attorney. When looking to modify a custody agreement, it`s essential to understand the types of custody, valid reasons for changing a custody agreement and the legal process involved. By following the steps outlined above and consulting with an experienced attorney, you can successfully modify your custody agreement.