Navigating Custody Modifications in Family Court

What is the McLendon Standard and Why Is It Important to Change an Alabama Child Custody Order?

Child custody modifications, in Alabama, are legal proceedings that allow changes to be made to existing court-ordered child custody arrangements following a divorce. These modifications can be sought when a significant change in circumstances directly affects the child’s best interests. 

Alabama courts know that life and circumstances (especially today) may change after your divorce decree has been issued. If the change is significant enough, it will warrant a review and may lead the court to see the need to modify your original child custody agreement.

You must never forget, however, that in the Alabama Courts, the paramount overriding principle is to do what’s in the child’s best interests. Very often, one of the central legal tenets that the court uses to decide on modifying child custody is the “McLendon Standard,” which was adopted in 1984. The “McLendon Standard” is extremely strict in its legal requirements and sets stringent rules for child custody modification.

Under the McLendon standard, precise grounds for child custody modification must be legally met. 

So, if you’re a parent who is seeking a modification or change in custody, you must show proof of the following:

• A material and significant change in circumstances has occurred since the initial or previous judgment regarding custody in your case.
• This change in the custody order will promote your child’s best interest substantially and materially.  
• The benefits of the custody change will more than balance the intrinsic disruptive effects that could result from a change in custody.

You must note that the Alabama court always attempts to lessen the disruption caused by any changes in custody; therefore, the “McLendon Standard” is legally strict. Most Alabama judges will always deduce that your child’s stability is more beneficial than making a custody change.

Therefore, if you are the parent who wishes to modify custody, you must not only show that the child would be better off with a custody change but also that the betterment of your child’s situation will overcome the disruption that will most certainly occur if a change in custody is finally ordered.

Your compassionate, well-versed, and thorough child custody lawyer will be fully aware of how to deal with the issues involved in the McLendon Standard, and will ensure your custody change is professionally presented, meets the standards requirements, and will work tirelessly to obtain the outcome that will benefit both you and your child.

What Are Some Ways to Legally Change My Child Custody Order in Alabama?

Court-mandated custody agreements are always designed to provide stability for your child. However, these arrangements should also evolve as your child’s needs change. Most parents find that visitation and custody schedules that once worked fine as their child ages no longer make sense. Additionally, your job, career, health, or personal life may have to be changed in ways that negatively impact your ability to follow the original arrangement. So, the court understands that any child custody agreement may need modification at various times. Still, it also requires a transparent legal process to ensure that changes are in the child’s best interests.

Depending solely on the unique circumstances involved, there are many ways to alter a child custody agreement. However, in Alabama, most cases generally fall into three categories:

• Making informal agreements – If you and the other parent agree to a new schedule, you may be able to follow it without going to court. However, this is a tricky legal situation, and the agreement is not legally binding if something goes wrong. This situation often occurs in co-parenting situations where a lot of flexibility is needed, but it comes with significant legal risks if not formalized with the court.
• Drafting court-approved agreements – Parents can file a formal modification request with the court with the help of their child custody lawyer. This path makes their agreement legally binding and enforceable. It also ensures that both parents adhere to the new, altered terms and that neither parent can “change their mind” without facing severe legal consequences.
• Contested custody codifications – Let’s say one parent doesn’t agree to the proposed change. In this case, the other parent must prove that a significant change in their circumstances justifies modifying the original child custody order.

The Alabama courts take this process very seriously, as it can negatively affect the child. Maintaining stability is a critical issue in all the court’s child custody decisions, another convincing reason to have a diligent child custody lawyer’s professional, knowledgeable, and empathetic advice and guidance.

Is an “Informal” Agreement a Legally Prudent Way to Change My Custody Order?

There are some rare situations where parents can successfully co-parent without involving the courts. However, usually in these cases, they attempt to modify their schedules based on their child’s changing needs.

In some parental situations, this flexibility can be beneficial. Still, there’s a significant risk: because informal changes are not legally binding, their original order (court-mandated when they divorced) is still in effect. So, if either parent decides to stop honoring an informal agreement, the court will revert to and enforce the original custody schedule.

Let’s say that the original court order gives one parent custody every other weekend, but informally, both parents agree to switch to a 50/50 schedule; if contested in any way, this new arrangement will not hold up in court unless it is legally modified. Either parent could return to the original schedule, and the other (no matter how much hardship the change inflicts on them) has no legal recourse unless a court-approved modification is made.

Additionally, not all informal agreements protect either parent from future disputes. If one parent decides to relocate or withhold the other’s visitation, the lack of legal modification will make enforcing a fair custody arrangement difficult or even impossible.

If you find yourself in this situation, or are entering it, or a dispute arises, a well-versed Alabama child custody lawyer with in-depth professional guidance is mandatory.

How Can I Get Started to Modify My Child Custody Order in Alabama Legally?

Once you’ve discussed the situation with your child custody lawyer and determined a valid basis for modifying, the first critical step is to initiate the legal process.

Your lawyer will analyze your case, gather the necessary information, and file a petition or motion with the family court that issued the original custody order.

The documentation collected and presented to the court should clearly state the changes you seek and why.

Some of the first things you and your lawyer will generally do are:

• Review your original court order thoroughly – Fully understand what the current custody agreement entails and specifically identify what must change.
• Collect all the pertinent documentation – Your lawyer will collect and organize all the evidence supporting your request, such as school records, medical reports and evaluations, text messages, emails, witness statements, and more.
• File a formal petition with the court – Submit a formal modification petition to the court. Depending on the jurisdiction, specific forms or affidavits may be required, so it is necessary to consult with a thorough and competent child custody lawyer.
• The other parent must then be served – You must provide the other parent with legal notice of your formal modification request, at which time they’ll have a chance to respond and may file a counter-motion.

Even if you both agree on the changes, it’s essential to formalize any new arrangement through the court. Verbal agreements cannot be enforced, may be illegal under certain circumstances, and usually always lead to future disputes.

My Situation Has Changed, and I Must Modify My Child Custody Agreement; How Should I Proceed?

Navigating custody modifications is always legally daunting. However, it is manageable if this process is done with professional preparation and clarity and is focused on your child’s best interests. Whether the change may be, if done correctly and legally, the Alabama family court system will strive to provide a pathway to create a better arrangement.

Additionally, working with a knowledgeable, empathetic child custody lawyer will significantly improve your chances of success and reduce the stress of the process.

Jim Golden Law has a long and successful history and extensive experience assisting Alabama residents in altering their child custody arrangements. There’s much at stake in these cases, and parents commonly want to do what is most beneficial for them and their children.

Call Jim today at (866) 950-6652 for a free thirty-minute consultation on your unique needs. He will work tirelessly to make a positive and significant difference in the outcome of your case and your future to help and support your child.