I want my BABY BACK!

You should know that custody of a minor child is NEVER permanent.  Whether you mutually decided on your custody arrangement, or a court ordered the custody arrangement, if one parent is not happy with the “status quo” they may request a modification through the legal system.  Modification simply means “a change”.  There are two types of child custody modification:

1) Major Modification – asking the court to make a big change to your current Parenting Plan.  As an example, asking the court to change custody from one parent to another is a major modification.

2) Minor Modification – asking the court to make small changes to the current Parenting Plan.  As an example, asking the court to change the dates of holiday visits is a minor modification.

In order to prove that a major or modification is necessary, the parent who is requesting the change must prove that there has been a big change in the child’s life or the life of the other parent since the original Parenting Plan/Custody arrangement was ordered or agreed.  This is known as a “material change of circumstances”.  In all cases, the court still weighs evidence against what is in the child’s best interests.  Minor modification requests are weighed in the same fashion, but somewhat easier to prove and obtain through the courts.
Parents who want to continue to enjoy time with their children must always put their child’s best interest first. 

Check out this quick video regarding Child Custody Modification

Alabama Trying to Change Custody Laws

Currently, mothers are awarded primary custody in 85 percent of Alabama divorce cases. Recently, legislatures in Alabama tried to change the law to joint custody. State Senate Bill 196 stated: "there is a fundamental importance... in the relationship between a child and each parent, and with this bill, legislators hope to give both moms and dads an equal share of parenting.

Although this bill failed to pass, many feel that plenty of fathers would benefit from this bill. Many fathers feel they are treated unfairly, and that this bill would guarentee them equal time. One of the key issues in determining this bill is the stability of the children. Clinical Psychologist Kenneth Sullivan explains, "if it's going to be split half and half, you'd expect that's going to impose less stability for the children. The children would be paying a price for the parents' preference."

While there are many on both sides of the fence, the fathers have no way to prove the psychologist claim. Many of the fathers fighting for more time with their children would like the opportunity to prove the psychologists are wrong. For this bill to pass, it will require enough fathers to stand up and fight for the rights and time with their children.

Advice For Children With Divorced Parents | John Gray Mars Venus

During the brutal period of divorce, the children are the innocent victims. As the parents posture themselves to minimize the amount of debt they will carry, they in turn try to maximize the amount of custod they want to end up with. As parents travel down the separation stage towards divorce, the state of Alabama mandates that both parents complete counseling. This counseling, children of divorced parents, gives the parents the foundation to handle chidren and custody.

As a parent going through divorce, I have found that the counseling was very beneficial. During the session I participated in, I found that it was extremely important to place the child's needs above my own. Furthermore, I also learned that it was equally important the time that the children spent with both parents was instrumental in their development.


Below is a vido that gives good advice for children with divorced parents.

What is in the best interest of the child?

Alabama courts in every case consider joint custody.  The basis for consideration is always “in the best interest of the child”.  In making the determination whether joint custody is in the best interest of the child, the court considers the following factors:

1) The agreement or lack of agreement of the parents on joint custody.

2) The past and present ability of the parents to cooperate with each other and make decisions jointly.
3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and  the other parent.
4) Any history of or potential for child abuse, spouse abuse, or kidnapping.
5) The geographic proximity of the parents to each other as it relates to practical considerations of joint  physical custody.

In addition to physical custody decisions either by the court or between civil parties, legal custody is equally important.  Legal custody pertains to a parent’s rights and responsibilities for major decisions concerning the child.   The major areas recognized and addressed by the courts for legal custody are: education, medical care, social, and religious training.

Check out this brief video regarding child custody and visitation: