Custody Modification(s)

Child Custody Modification Lawyer in Birmingham, Alabama | Dixon Law

If you're seeking a modification of custody in Alabama, it's crucial to have an experienced family law attorney to help you navigate the complex process. Whether you're concerned about the welfare of your child or there have been significant changes in circumstances, Dixon Law is here to provide expert legal guidance. Sam Dixon and his team have a strong track record in handling custody modifications in Jefferson County, Shelby County, and surrounding areas of Birmingham. If you are facing any of the following challenges, contact us today for a free consultation:

• Child abuse concerns in the other parent's home

• The mental health or substance abuse issues of the custodial parent

• Unfit parenting conditions or a parent's criminal history

• Relocation concerns or the other parent's disruptive behavior

Understanding the McLendon Standard for Custody Modifications in Alabama

In Alabama, modifying a custody arrangement is not a simple process. The McLendon Standard, established in the landmark 1984 case Ex Parte McLendon, sets a higher bar for parents seeking to change custody. Under this standard, the parent seeking the modification must demonstrate:

1. A Material Change in Circumstances: There has been a significant change in the conditions since the initial custody order.

2. Child's Best Interests: The proposed custody change will materially benefit the child.

3. Balancing Disruptive Effects: The benefits of changing custody outweigh any disruption the change may cause to the child.

Because courts are often hesitant to alter custody arrangements due to the potential disruptions in the child's life, it is important to have an experienced attorney who can effectively present evidence that satisfies the McLendon Standard.

Common Grounds for Custody Modification

There are various reasons a court may approve a custody modification, including:

• Substance Abuse: If the custodial parent has developed a drug or alcohol problem that impacts their ability to care for the child.

• Criminal Activity: The custodial parent has been arrested or convicted of a crime that compromises their parenting abilities.

• Mental Health Issues: If the custodial parent suffers from untreated mental health conditions that affect the child's well-being.

• Dangerous Living Situations: The custodial parent is living with someone who poses a threat to the child's safety.

• Poor Academic Performance: The child is struggling in school due to the custodial parent's inability to provide proper support.

• Relocation: One parent seeks to move the child far from the other parent or from the child's current home, potentially disrupting their stability.

How to Modify Child Custody in Alabama

The process for modifying custody typically begins in the domestic relations court in the county where the initial custody order was issued. If your divorce occurred in Jefferson County, for example, your case will be filed in the Jefferson County Domestic Relations Court. If your child was born out of wedlock, the family court where the child has lived for at least six months would have jurisdiction.

Here's how the process works:

Step 1: Filing a Complaint

The first step is filing a complaint in the appropriate court. The complaint should outline the reasons for seeking a custody modification. It is essential to keep this statement clear and concise. You don't need to list every reason for the modification—just enough to alert the other party to the nature of the request.

Step 2: Serving the Complaint

After filing the complaint, the next step is to serve the other parent with the paperwork. Dixon Law has reliable process servers who ensure the documents are served properly. Once the other parent is served, they have 30 days to respond (or 45 days if discovery is also included in the complaint).

Step 3: Discovery

Discovery is the process through which both parties exchange information that may be used in the case. This can include:

• Requests for Admission: Parties are asked to admit or deny facts relevant to the case (e.g., “Admit or deny that you have been convicted of a crime”).

• Interrogatories: A list of written questions (usually up to 40 in Alabama) that must be answered truthfully.

• Requests for Documents: A request for any documents that may be useful, such as medical records, school records, or evidence of criminal activity.

• Depositions: A formal interview, conducted under oath, where attorneys ask questions to gain insight into the case. These are recorded by a court reporter and can be used as evidence if inconsistencies arise later in the trial.

Step 4: Mediation or Trial

In some cases, mediation may be suggested by the court. Mediation is a process where both parties attempt to reach a resolution with the help of a neutral third party. However, custody cases often involve deeply emotional issues, and mediation may not lead to an agreement.

If mediation fails, the case will go to trial. In trial, both parties will present evidence, witness testimony, and expert opinions to support their case. Sam Dixon uses proven cross-examination tactics, expert witnesses, and private investigators to build a strong case in your favor.

Why Choose Dixon Law for Custody Modifications?

Dixon Law has helped many clients successfully modify child custody arrangements, securing better outcomes for children and parents alike. With extensive experience in family law and a thorough understanding of the McLendon Standard, we are committed to providing the best possible defense for your case.

Contact Dixon Law Today

If you're concerned about your child's well-being and need to modify custody, Dixon Law is here to help. Sam Dixon will provide you with dedicated and effective legal representation.

Call (205) 616-8896 now to schedule a free consultation and learn how we can assist you in modifying your child custody arrangement in Alabama. Your child's future and safety are too important to leave to chance—get experienced legal help today.