Gadsden Child Custody Lawyers

Child Custody Cases We Handle

Every family is different. Every custody case needs to be handled with special care and its own plan. Some parents are going through a divorce. Some were never married. Some already have a custody order, but it no longer works. Some parents need help because the other parent is not following the order. Some parents work together and only need an attorney to formalize their agreement.

Our Gadsden custody lawyers help with many types of cases, including:

• Custody during divorce
• Custody for unmarried parents
• Legal custody
• Physical custody
• Joint custody
• Sole custody
• Visitation and parenting time
• Parenting plans
• Holiday schedules
• Summer schedules
• Custody changes
• Custody enforcement
• Relocation issues
• Paternity and custody cases
• Emergency custody issues

Our family law attorneys can also help parents deal with hard issues like:

• Missed visits
• Late pickups
• Poor communication
• Unsafe homes
• Drug or alcohol concerns
• School problems
• Medical neglect
• Domestic violence concerns
• A parent using a child as leverage

Some custody cases can be resolved with a simple agreement. Some go to court. Either way, having a lawyer who can help make orders clear is best. A vague order can lead to more fights. A clear order helps both parents know what to do.

With nearly two centuries of combined legal experience, our Gadsden custody attorneys keep things straightforward, simple, and easy to follow. We’ll fight for what’s best for your children so you can just focus on being the best parent you can be.

How Does Child Custody Work in Alabama?

Child custody in Alabama addresses the child’s needs and relationship with the parents. If the parents are unable to agree, the Court will determine the living arrangements of the child and who is the primary decision maker regarding issues related to the child.  

The court may approve a custody plan if both parents agree. If parents can’t agree, a judge will decide what’s in the child’s best interests. This means the judge is not looking at what each parent wants or how they feel about each other. The judge is looking at what the child needs.

Factors that can influence the court’s decision include:

• Where the child has been living
• Who has been the primary caregiver
• Who is the stable parent
• Who handles school needs
• Who handles doctor visits
• Who gets the child to activities
• Who helps with homework
• Who provides a safe home
• Whether the parents can effectively communicate
• Whether either parent has caused harm
• Whether either parent blocks the other parent without a good reason

Our Gadsden custody lawyers help our clients stay focused and prepared to avoid mistakes that could hurt their custody case.

Legal Custody vs. Physical Custody in Alabama

Alabama recognizes two types of child custody:

Legal Custody

Legal custody means the right to make major decisions for your child. These may include:

• School
• Medical care
• Dental care
• Religion
• Major activities
• Counseling
• General welfare

A parent with legal custody has the right to make these decisions alone. If the custody order is for joint legal custody, both parents share these rights.

Physical Custody

Physical custody means where the child lives. It also deals with the child’s daily schedule and routines.

Physical custody agreements may outline:

• Weekday time
• Weekend time
• School nights
• Holidays
• Summer breaks
• Birthdays
• Pickup times
• Drop-off times

Joint physical custody means the child has frequent and strong contact with both parents. But joint physical custody doesn’t necessarily mean equal time. Parents can share custody even if the child spends more time with one parent over the other.

What Is Sole Custody in Alabama?

Sole custody means one parent has more control over legal decisions, physical care, or both. However, the other parent can still have visitation rights and parenting time under a sole custody order unless the court specifically limits it.

Does Alabama Favor Joint Custody?

Alabama courts are required to consider joint custody in every child custody case.

If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Joint custody should be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted. The court can still deny joint custody in Alabama, but that reason must be explained.

When looking at joint custody, courts might consider:

• How well the parents work together
• How effective the parents are at joint decision-making
• How well each parent supports their child’s bond with the other parent
• The ability of the parents to talk to each other calmly
• Any history of abuse
• The distance between the parents’ homes
• The practicality of joint custody for school and daily life

Joint custody can work really well when both parents put the child first. It can become hard when parents can’t talk without fighting. It can also be unsafe when there is abuse, neglect, or instability in one home.

The Gadsden custody lawyers at Cusimano, Roberts, Mills & Knowlton understand that even the most agreeable parents can disagree over what’s best for a child. We can help you work for an agreement that honors the relationship of both parents while protecting what’s best for the health and safety of the child.

Can Parents Agree to Custody Without Going to Court?

Yes. Many parents can reach an agreement through direct talks, discussions with their attorneys, or mediation. An agreement will likely be faster. It can also lower stress and give parents more control over the results. But the agreement and parenting plan still need to be clear.

A strong parenting plan might cover:

• Where the child lives
• Which parent has school nights
• Where the child spends weekends
• Holiday schedules
• Summer breaks
• Birthdays
• School breaks
• Pickup and drop-off times
• Exchange locations
• Who drives when
• How parents handle schedule changes
• How parents handle school choices
• How parents handle sports and activities
• Phone and video calls with the other parent
• Rules for travel
• Rules for missed time

A parenting plan must be thorough: it’s the rulebook for your child’s daily life. It makes sense to have an experienced child custody attorney who can help you craft an agreement, work it out with the other parent, and move forward with a plan that meets the needs of your family.

What Happens If Parents Can’t Agree on Custody?

If parents can’t agree, the court will decide what’s in the child’s best interests. But remember, the judge doesn’t know your family. They won’t know your daily life or your relationship with your child. They only know what’s presented to them. This is why preparation is essential.

Our Gadsden custody lawyers handle all types of cases. If an agreement can’t be reached, we get to work to validate the importance of the parent/child relationship. What you do and don’t do during this time can impact this work.

Custody cases are emotional. We’ll help you focus on what matters and avoid making mistakes that can hurt your child custody case.

Can a Child Choose Which Parent to Live With in Alabama?

The judge may consider the child’s wishes in some cases. This depends on the child’s age, maturity, and reasons. But a child can’t simply say, “I choose Mom” or “I choose Dad” and end the case.

The court looks at the full picture, which may include:

• Why the child has the preference
• Whether a parent pressured the child
• Whether the child is safe
• Whether the child’s needs are being met
• Whether the preference is mature and reasonable

What your child wants can be relevant. It might also be impractical or simply not right for everyone involved. Our Gadsden custody lawyers listen with compassion and understanding. We can help you understand what might impact a court’s decision and assist in determining what’s best for your child and family.

Can Custody Be Changed in Alabama?

Custody can be changed in Alabama when there has been a real change in the child’s life or a parent’s life. To legally modify custody, this change must be so substantial that the current arrangement is no longer in the child’s best interest, and it may also be required that the benefits of changing custody must outweigh the disruption to the child.

Reasons may include:

• A parent moves
• A parent changes work schedules
• A child’s medical needs change
• A parent is not following the order
• A parent is denying time
• A parent has become unsafe
• A parent has drug or alcohol problems
• A child is struggling under the current plan

Custody agreements are legal orders. You need an attorney when one parent isn’t following the agreement or if modifications are needed. At Cusimano, Roberts, Mills & Knowlton, we can assess your current order, listen to your situation, and help ensure your order meets the best interests of your child.

Distinguished Personal Injury Lawyers In Your Corner

Gregory S. Cusimano

Michael L. Roberts

Emily Hawk Mills

Donald D. Knowlton

Carson Campbell

Meet Our Team

Do I Need a Lawyer for a Child Custody Case in Alabama?

You’re not required to have a lawyer for your custody case. You probably want one. Custody has serious implications for families. These cases can be contentious. They can be emotional. Things you say or do can end up hurting your chances.

A custody order will affect your child for years. It will impact school nights, weekends, holidays, travel, medical care, and major life decisions. An experienced custody lawyer can help you understand your rights, build a solid plan, and avoid common mistakes. They can help you understand the court process and prepare for hearings. They can assist with responding to claims from the other parent and work to protect your child from unfair treatment.

Good legal assistance means steady support and guidance. You don’t have to do this alone.

Why Choose Cusimano, Roberts, Mills & Knowlton for Your Child Custody Case?

Cusimano, Roberts, Mills & Knowlton helps families with all types of legal matters. Our experienced family law attorneys and staff have spent decades assisting families in Etowah County and throughout Alabama in obtaining custody agreements that honor the needs of the child and the needs of the family.

Clients choose us because:

• We listen. You know your child. You know your home. You know what’s happened. We listen before we act. This helps us understand:
  • What you need
  • What your child needs
  • What the other parent is saying
  • What proof will be useful
  • What risks might exist

• We tell you the truth. Some facts help your case. Some hurt it. You need to know both. We don’t sugar-coat potential problems. We don’t run from them either. We stay prepared to avoid surprises and stand by your side to protect your rights.
• We prepare carefully. Custody cases can be emotional. We help you focus on clear goals so you can think ahead and be prepared for what comes next.
• We stay focused on your child. Custody is about what’s best for your child’s future. They need stability, safety, and a plan that works in real life.

When you need someone on your side, we’re here to take the call.

Schedule a No-Risk, No-Obligation Consultation With a Gadsden Custody Lawyer Today

If you’re facing a custody issue, the child custody attorneys at Cusimano, Roberts, Mills & Knowlton are here to help. Use our online contact form or call our Gadsden office to schedule a no-risk, no-cost consultation today. We help families in Etowah County and across Alabama with both simple and complex custody issues.