Articles Posted in Child Custody

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In the state of Alabama, there is a rebuttable presumption that the husband in a marriage is the father of any child that is born during the marriage or within 300 days of a divorce.

However, as we all know, it is certainly possible for a child to be born during a marriage and for the husband to not be the biological father. 

If this is the situation and the marriage ends, the husband will need to prove that he is not the father of the child in order to be off the hook for child support. As we discussed in an article on our website, DNA testing can be used to clearly establish whether or not a man is biologically related to a child, but a paternity action will still be needed.

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If you have recently gone through a divorce, you may have been dreading this holiday season. However, now that the holidays are here you have the opportunity to make the best of them.

Instead of longing for past traditions or feeling bitterness towards an ex, you can focus your energy on creating new holiday traditions that your whole family can enjoy.

Recently, a human behavior, parenting and education expert shared some tips on how to do this in an article for the Huffington Post.

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The National Parents Organization of Alabama, a group that advocates for the best interests of children, is recommending that Alabama reform its child custody laws to promote shared parenting arrangements in cases of divorce or separation.

Shared parenting means that both parents play an important and significant role in the child’s life following a divorce or separation. Today, Alabama law presumes that both parents should share joint physical and legal custody of their child, but it is still somewhat common in the state for one parent to be awarded sole custody while the other parent is granted limited parenting time.

The National Parents Organization of Alabama believes that this is unhealthy for children as research has concluded that children do best in shared parenting arrangements when both parents are fit and willing to participate in the child’s life. The group says that the issue is particularly important in the state of Alabama, which has the nation’s fourth highest divorce rate.

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We all know that divorce can have a negative effect on children, but only recently have researchers started to uncover more specific details on how children of different ages and socioeconomic levels are affected.

For example, a new study suggests that younger children who come from higher-earning households are more likely to develop behavioral problems following their parents’ divorce than older children and children who come from lower-earning households. 

The study, which was published Sept. 10 in the journal “Child Development,” involved analyzing data on close to 4,000 children between the ages of 3 and 12.

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Actor Jason Patric is involved in a custody battle over his son, and he recently made another court appearance. He has reportedly been alienated from his son for a substantial amount of time, and therefore he is also the founder of Stand Up for Gus. Similar organizations could help Alabama parents who are fighting for child custody.

Patric and his ex-girlfriend have been involved in a never-ending struggle over custody. The trial recently resumed, and a trial judge previously aborted it and forwarded it to the Court of Appeal. In the trial, the issue will be addressed as to whether Patric can establish himself as the child’s father. Reports indicate that Patric treated the boy as his own son and took him into his residence. Patric claims that he has not seen his son in 79 weeks.

The organization, Stand Up for Gus, has received a large amount of support from celebrities. The organization was founded to raise awareness regarding parental alienation. Since last year, the organization has been able to raise over $200,000, and $100,000 of it was given to a legal team to assist low-income parents who need legal assistance.

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For parents, there may be no greater pain than the loss of a child. An Alabama father who recently lost a daughter in a tornado is now attempting to modify a custody order to gain custody of his surviving daughter. While the girl’s mother is in the hospital, his battle over child custody has been waged against her family.

While living in another state with their mother, a tornado hit the family’s mobile home, killing one daughter. After burying his daughter, the father attempted to bring his other child home with him, but extended family members intervened. Apparently, while in the hospital, the girl’s mother had transferred guardianship to a member of her family.

A judge in Alabama later granted the father an emergency child custody order. However, he has remained in Nebraska while attempting to regain custody of his daughter. While a custody order should generally hold more merit than guardianship, it is not a guarantee that the judge overseeing the girl’s case in Nebraska will agree with that.

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Child custody determinations are based on a variety of factors with the goal of achieving the best interests of the child always in mind.

Former star Alabama football player and recently retired NFL player, Rolando McClain, is currently involved in two child custody lawsuits. McClain recently filed for divorce from his wife of five months with whom he shares a two-year old child. McClain is seeking shared custody of the child. McClain has also requested that his soon-to-be ex-wife contribute to the child’s daycare and health insurance expenses.

In a separate child custody lawsuit, McClain was sued earlier this year for custody of the one-year old child he shares with another woman. McClain has acknowledged that the child is, indeed, his child and is seeking joint legal and physical custody of the child. He has denied that the child’s mother is the child’s primary caregiver. McClain has been facing recent criminal charges for disorderly conduct and resisting arrest and is currently working on finishing his college degree.

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