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Custody battles can be one of the most difficult parts of a divorce or breakup. Every parent wants their children to have a safe, happy, and healthy childhood. However, breakups can negatively impact a child even without a potentially complicated custody trial involved.
In a custody battle, you want to make sure you come to court as prepared as possible. Part of this is presenting evidence demonstrating to the court you’re a fit parent.
How is Custody Determined in Alabama?
All custody trials are bench trials. This means there is no jury involved. Decisions are at the sole discretion of the judge. You will argue your case to a single individual who will determine your and your child’s future.
Under Alabama law, there are two types of custody: joint and sole. Joint custody means the child(ren)’s time will be split between both parents. Sole means only one parent will have custody of the child(ren). In the event of an amicable divorce, both parents can request the court decide on a joint custody schedule. This is the easiest route to determining custody.
In many cases, though, one parent may want to have sole custody. They may also want to have joint custody favor them in terms of how much time they have with their child(ren). Sadly, many parents will use their children as weapons in family court. They will argue for sole custody or greater joint custody not because it’s what’s best for their child(ren) but because it will emotionally harm their former partner.
If both parents can’t agree on custody, a judge will listen to both sides and use the information provided to make a ruling. Things a judge will consider in deciding custody include:
- The Safety of the Home Environment Each Parent Can Provide
- The Level of Interest Each Parent Demonstrates in Raising Their Child
- How Well the Child Gets Along with Each Parent
- The Financial Stability Each Parent Can Provide
- The Geographical Proximity of Each Parent
- The Overall Temperament of Each Parent
- The Criminal Background of Each Parent
These are only a few of the things a judge will take into consideration. Criminal background is especially important. If it can be proven that one parent has ben abusive to the other parent or any child(ren), or if the court determines abuse has taken place, custody can default to the non-abusive parent. Another factor the court will consider is abandonment. Under Alabama law, if it can be proven that a mother has previously abandoned her child(ren), sole custody can default to the father.
Something to keep in mind is the court is not obligated to grant custody to either parent. If it emerges during custody hearings that neither parent is a suitable guardian for the child(ren), the court can grant custody to grandparents or other family members. They may also decide to remove the children entirely if there is no safe home environment readily available.
What Evidence Should I Bring to a Custody Hearing in Alabama?
In the event you and your former partner cannot agree on a joint custody schedule for your children, you will need to present evidence in your favor. This can be vital in getting a judge to grant you the custody agreement you want. Custody battles often boil down to one parent’s word against the other. Any evidence you can bring to court may prove vital in reaching a decision favorable to you.
The strongest evidence is what is called “self-authenticating evidence.” This is evidence that does not need further elaboration or explanation. An example of self-authenticating evidence is photos. While AI and photo manipulation are becoming of increasing concern, most people do not have the resources to easily doctor photos. Happy family photos can demonstrate to the court that the child(ren) enjoy a safe and stable environment with one parent. Meanwhile, photos of a poorly kept home or photos that prove drug or alcohol abuse can prove harmful to the other parent.
In recent years, the rise of digital technology has made it easier for parents to present evidence in court. Some examples of digital evidence you can provide are:
- Text Messages or Emails Demonstrating Either Verbal Abuse or Loving Communication
- Text Messages or Emails Documenting Abusive or Irresponsible Behavior
- Abusive Voicemail Messages
- Photos and/or Text from Social Media Containing Threatening or Demeaning Comments about the child(ren) or other partner
- Photos and/or Text from Social Media Containing Evidence of Drug or Alcohol Abuse
The most damaging evidence you can present are things your child(ren)’s other parent said themselves. Texts or emails they sent or material they published to social media of their own free will help to eliminate doubt and establish their suitability as a parent.
If you are facing a potential custody battle, it’s important you gather as much evidence as possible to prove your case before a judge.
What Should I Do if I’m Facing a Custody Battle in Alabama?
If your child(ren)’s other parent decides to fight you for custody, it can be an uphill battle. Remember the decision will be coming down to the opinion of a single judge. If your former partner is able to present a better argument, they can potentially end up with sole custody of your child. They can also try to drag the case out as long as possible to harm you or delay losing custody themselves. This is why it’s important to present evidence to help lead to a quick and decisive hearing in your favor.
If you or a loved one are facing a custody battle, contact Jim Golden Law today. We’re located at 1916 1st Avenue North Pell City, Alabama 35125, a mile East of Pell City High School and half-a-mile North of Pell City Maintenance Department. Our founder Jim Golden has extensive experience in family law and knows that providing a safe and happy home environment for a child is every parent’s greatest concern. He knows what evidence to look for and present in court to make sure your child has the best upbringing possible.
Don’t let a vindictive former partner endanger your child(ren). If you’re facing a custody battle, don’t hesitate to call Jim Golden Law right now at 866-950-6652 or email us for a free thirty-minute strategy session. We can help make sure you and your child(ren) have the best future possible.
