In most cases, it’s important for each parent to maintain a relationship with their children after a divorce. This requires a visitation schedule once the parents are no longer living together. An Alabama visitation schedule in child custody cases can vary in many ways to accommodate the needs of the children and parents.
Despite the potential variability of a child custody visitation schedule, it is better for divorcing parents to present a proposed schedule to the court that is flexible and works for everyone involved. If you’re in North Alabama, a family law attorney with Leigh Daniel Family Law can help you negotiate child custody and visitation. Our Huntsville family law attorneys are experienced and skilled in:
- Negotiating an acceptable parental visitation agreement informally or through mediation.
- Arguing for a fair parental visitation arrangement before a judge.
- Pursuing modifications to Alabama child visitation rights for parents when circumstances change.
If you and your spouse cannot come to an agreement on a visitation schedule, a judge will impose one. Our family law attorneys have extensive experience with Alabama child custody laws. We can help. Call our Huntsville family law firm now for a consultation: (256) 692-1353!
Understanding Child Custody and the Alabama Visitation Schedule
Under Alabama child custody laws, joint custody is considered to be in the child’s best interest unless one party presents specific evidence that it is not. The courts encourage parents to find a path to sharing custody.
Child custody in an Alabama divorce agreement includes physical and legal custody:
- Physical custody refers to the child’s permanent residence, where he or she lives.
- Legal custody is the right and responsibility to make major decisions concerning the child, including the child’s education, health care, and religious training.
In a joint physical custody arrangement, the parents share physical custody in a way that ensures the child has frequent and substantial contact with each parent. However, you should keep in mind that Alabama policy states that “joint custody does not necessarily mean equal physical custody.”
In child custody disputes, a judge will decide custody and visitation rights according to what is in the child’s best interests. If a judge awards sole physical and legal custody to one parent, it is likely due to the other parent’s history of substance abuse, neglect, domestic violence, or criminal activity.
If one parent is awarded sole physical custody, the court will also establish the other parent’s rights to visitation.
Standard Visitation Arrangements in Alabama
An Alabama court will establish a standard visitation schedule if the divorcing parents cannot come to an agreement on a schedule of their own. The standard custody schedule for Madison County (Huntsville), Alabama, includes these provisions for the non-custodial parent’s visitation:
- Weekdays: Non-custodial parent has the child every Thursday of each week from 3 p.m. to 8 a.m. Friday, when the noncustodial parent takes the child(ren) to school, daycare, or the other parent.
- Weekends: Non-custodial parent has the child on the first and third weekend of each month.
- Christmas Break from School: In even-numbered years, the non-custodial parent shall have visitation from 9 a.m. on the day after the last day of school before the break until 6 p.m. on December 25th. In odd-numbered years, the non-custodial parent shall have visitation from 6 p.m. on December 25th until 6 p.m. on the day before school starts back at the end of the break, regardless of whether this conflicts with other provisions of the visitation agreement.
- Thanksgiving Break from School: In odd-numbered years, the non-custodial parent shall have visitation from 3 p.m. on the last day of school before Thanksgiving school break until 6 p.m. on the following Sunday.
The courts also have standard visitation provisions for Mother’s Day and Father’s Day, as well as non-custodial parents’ visitation on:
- Martin Luther King Day: odd-numbered years
- National Memorial Day: even-numbered years
- Independence Day: odd-numbered years
- Labor Day: even-numbered years
- Halloween: even-numbered years
- Veteran’s Day: odd-numbered years.
During the summer, each parent has the child for half of the summer break from school. The non-custodial parent has the child for the first half of the summer break during even-numbered years and in the second half of the summer break during odd-numbered years. During the summer, each parent is to adhere to the standard weekend visitation schedule.
Supervised Visitation in Alabama
A judge may order supervised visitation in a child custody case if one parent presents evidence of concerns about the safety of the child with the other parent. This may be necessary if there is a history of domestic violence, child abuse, or untreated substance abuse, for example.
Under Alabama supervised visitation, the non-custodial parent can spend time with their child under the supervision of a third party in a structured setting. The third party is usually trained in social work and discreetly watches during the visit to ensure safety and compliance with any restrictions established by the court.
Creating a Visitation Schedule: Negotiated vs. Court-Ordered Schedules
It’s always better for divorcing parents to work together during the legal process and come up with a visitation schedule that satisfies each of them while ensuring it serves their children’s best interests. The court is likely to approve such a plan.
Many divorcing couples craft a visitation plan with the help of family law attorneys and a professional mediator. During mediation, parents and their respective lawyers meet with a neutral mediator who works to help both sides find common ground. A mediator knows how to facilitate discussion and get beyond disputed issues. However, a mediator does not force either side to agree to a particular decision.
If you turn to the court to establish a plan, the judge will start with the standard custody schedule and consider such issues as the child’s age, the parent’s work schedules, and the distance between parents’ residences. Many judges will be reluctant to veer from the standard custody schedule without persuasive evidence that doing so is necessary for the child’s welfare.
Contact an Alabama Parental Visitation Lawyer
If you and your spouse are having difficulty agreeing to a child custody arrangement or resolving other family law issues, talk to one of our experienced Huntsville parental visitation lawyers. Our compassionate and creative family lawyers can work with you to seek positive outcomes to disputed family law matters.
Reach out to our experienced family attorneys in Huntsville, AL, now. We have more than 20 years of experience with family law cases. We help clients throughout Northern Alabama who are going through the divorce process seek positive change in their lives. Call us now for a consultation: (256) 692-1353.
