Divorce Child Custody & Visitation

Helping Magic City Families Move Forward

Birmingham Child Custody Attorney

Child Custody and Visitation Lawyers in Birmingham, AL

Custody cases are very difficult in divorces. We want to make sure that your children are the benefactor to our hard work.

You need a passionate Birmingham child custody attorney. At Magic City Law, we have two. Through our experiences acting as Guardians Ad Litem for minor children involved in family law disputes, we have realized that the needs of minor children can often be overlooked in family law disputes.

When our lawyers build legal responses to family law disputes, we do so with minor children in mind. By developing legal strategies that protect the best interests of children, we ensure the solutions reached benefit the entire family unit. We work for your children’s best interests. Sometimes parents get lost in the battle of custody or visitation issues and forget why they’re fighting. We’re here to remind you what you are fighting for and how to achieve the best outcome for your children.

Legal Definitions

Having a Birmingham Custody Attorney is necessary in navigating the legal jargon going forward:

  • Joint Legal Custody: Both parents will have the ability to participate in decision making process of the child’s life. It’s common that one parent is allowed to make the final decision in all aspects of the child’s life. This normally happens when one parent has been doing it for the majority of the child’s life. However, the trend is heavily focused on having both parents actively involved in making decisions in their child’s life. There are times when the parents know they may not agree on all decisions. Knowing that they would forever battle over one person always having the veto power, they come to a compromise. In the latter situation, parents will divide up the different decision making authority areas of their child’s life.
  • Joint Physical Custody: This means each parent receives periods of custody or time with the minor child. These periods of custody or visitation may or may not be equal amounts of time. There are many factors that determine how much time the parents will get with the children. Ex: Age, proximity to the child’s school, parent’s work schedule
  • Sole Physical and Legal Custody: One parent has the decision making authority over the child’s life. The other parent can voice their opinion, but the one with the authority is the one who makes the final decision. This also means that the other parent may or may not have visitation according to the facts of the case.

Divorce & Child Custody

Divorce is a hard issue. Custody cases are an insurmountable issue . It’s amazing how quickly a marriage where both parents have been putting forth a façade of perfection for years, can dissolve illuminating two emotionally & physically abusive neglectful monsters (or that’s the what complaints/answers/ counterclaims would have you think.) The parents go from being teammates to enemies in a matter of weeks. The parents are now documenting each bath, trip to the doctor, and bedtime story to prove that they are the better parent.


Custody Factors

Looking at what’s in the “best interests” of a child isn’t exactly an easy task. The factors to consider are in the law and  truly help with making the decision a little easier. Here are the following factors the trial judge will consider:

  • The sex & age of the children;
  • The characteristics and needs of each child, including their emotional, social, moral, material, and educational needs;
    The respective home environments offered by each party;
    The characteristics of those seeking custody, including age, character, stability, mental and physical health;
  • The capacity and interest of each parent to provide for the emotional, social, moral, material, and educational needs of the children;
  • The interpersonal relationship between each child and each parent;
  • The international relationship between the children;
    The effect on the child of disrupting or continuing an existing custodial status;
  • Preference of the child, if the child is of sufficient age and maturity;
  • The report and recommendation of any expert witness or other independent investigator;
  • The available alternatives;
  • Any other relevant matter which may be present

Child Visitation and Parenting Schedules

Visitation ebbs and flows like all schedules. Some lawyers like to look at the standard schedule as something to use immediately and at all times.  Our firm realizes that standard visitation is not a “one size fits all” type of thing. We work together with our clients, and we draft schedules that are beneficial to all involved, especially the child.

Contact a Birmingham Custody Attorney Today

If you need a Child Custody Attorney , look no further. Magic City Law has two. AshLeigh Meyer Dunham and April Hare Deluca want to speak with you about your custody case. 

Give us a call at (205) 509-4766 to schedule your consultation.

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