What Does Joint Legal Custody Mean?
Joint legal custody in the context of family law in Alabama typically involves the legal custodial parents having the right, authority, and responsibility to make major decisions concerning the child, including but not limited to those related to education, health care, extracurricular activity, and religious upbringing of that child. In Alabama, joint legal custody is sometimes required to be awarded in order to be eligible to transfer the physical custody of a minor child to one or the other parent. Furthermore , in situations where it is likely that the custodial parents will share joint physical custody of that minor child, such custody will be presumed in all situations and joint legal custody must be adjudicated.
It is important to note, however, that even when the court awards sole or joint legal custody, the court may not award such decision-making authority to either parent at the cost of the other, except in situations where both parents or parents with joint legal custody of their minor children are in agreement as to any situations within the authority that should be granted or denied to one or the other parent.
Joint Legal Custody Vs Sole Custody
When it comes to Alabama child custody law, there are two main types: joint legal and sole custody. Joint legal custody is what most people envision when they think of custody — both parents share in major decisions in a child’s life, such as education and medical care. Neither parent is more important than the other. Parents share physical custody of the child, either totally (50/50 split) or equally (50/50 split). With sole custody, it’s just one parent who has custody — not only physical custody, but also legal custody. This means that the legal custody parent makes all decisions about the child’s upbringing without parental input. This could affect religious upbringing, medical decisions and education. There are pros and cons to both joint legal custody and sole custody. On the pro side, joint custody offers kids a stable, consistent home environment with parents who have equal rights to make decisions in their lives. On the con side, if the parents cannot agree on an important decision — like moving out of state with the child — there may be additional court visitation. On the pro side, sole custody is an effective way to keep a parent who is abusive or manipulative from having a close relationship with the child. It allows that parent to still be involved in the child’s life but minimizes potential problems. On the con side, sole custody often isolates the child from one parent completely, which may not be in the best interest of the child. The child may not understand why he or she does not have a relationship with one parent, and as a teenager, he or she could be more rebellious to the sole custody parent.
How Alabama Courts Rule In Custody Disputes
Whether it’s in a divorce or a paternity case, Alabama courts prefer joint legal custody. Regulations in Alabama Code Section 30-3-152 provide that the "parents of minor children are encouraged and expected to make every reasonable effort to communicate with each other and reach an agreement concerning their children’s welfare in any matter that could detrimentally affect the children." This is about the bottom line for why courts lean toward joint legal custody. If parents cannot reach an agreement regarding child custody, then the trial court must decide. The law requires the trial court to base its decision on the best interests of the child standard. Even with joint legal custody, the trial court must evaluate other circumstances: It is important to recognize that even under joint legal custody one parent will usually be awarded primary physical custody. Primary physical custodian will have more time with the child. In addition to the law, your judge probably uses a parenting plan form. She expects parents to sign a proposed parenting plan for custody. If parents cannot agree on a parenting plan, the judge will be required to decide what is in the best interest of the child. Here is an example custody modification plan.
Changing Orders for Joint Legal Custody
Modifications of joint legal custody are subject to the same standard as any other modification. A party seeking a change in custody must show that "there [has] been a material change in circumstances of one or both of the parties since the prior custody decree and a corresponding detriment to the child." Williams v. Williams, 912 So.2d 1122, 1125 (Ala.Civ.App. 2005).
With this in mind, it is possible that a party’s relocation to another state would be considered a "material change" in circumstances. "In determining whether the trial court is due to modify a prior custody order, the trial court first should consider whether there has been a material change in circumstances, focusing primarily on the best interests of the child. If the trial court makes a judicial determination that there has been a material change in circumstances, then the trial court should experience wide discretion in deciding to make a change in custody." Williams, 912 So.2d at 1125 (citing Ex parte McLendon, 283 Ala. 116, 119-20, 220 So.2d 859, 861-62 (Ala. 1969)). Under McLendon, a parent seeking modification of custody bears the burden of showing that the change would be "clearly to the child’s best interest." Ex parte McLendon, 289 Ala. 224, 255, 266 So.2d 847, 855 (Ala. 1972). A relocation that does not undercut the other parent’s ability to see the child is unlikely to be considered a change in circumstances.
There are also potential issues with terminating joint legal custody if one parent relocates. A recent Alabama case, Ex parte Tyler, held:
…Under the custody arrangement, father and mother each received joint legal custody of the child. Further, under that arrangement, father maintained a permanent residence in Butler County, where the child lived, and mother lived in Mobile but spent four to five days per week with the child in Butler County. After the entry of the 2010 order, mother married. At some point thereafter, she moved to Wyoming. She testified that she did not have any plans to relocate at the time of the entry of the 2010 order. Father continued to live in Butler County, where the major portion of the child’s family lived. The parties’ daughter was consistently enrolled in school either in Mobile or in Butler County and resided with father during the school weeks. Despite her residence in Wyoming, mother saw the child approximately every other weekend and consistently exercised her right to get the child two to three times per school month during the month when father was employed to perform military duty in the western United States.
Ex parte Tyler, 131 So.3d 7, 10 (Ala. 2013).
While the mother, in this case, removed the child from the State, the number of overnight visits she still had with the child was substantial. Therefore, if a parent only spends half of the time with a child while residing outside Alabama, joint legal custody will likely remain appropriate.
Responsibilities of Joint Legal Custodial Parents
When a court awards joint legal custody to parents, it’s important to understand that this refers to decision-making power for life decisions about the child. It does not mean that the child lives with both parents.
Alabama law states that arrangements for the physical custody of children must also include a plan so that both parents can frequently communicate with each other about the child and use the plan to make day-to-day decisions.
For instance, in a situation where parents have joint legal custody and one parent has primary physical custody during the week, the parents could agree to communicate via a parenting app . They would be required to both document key decisions for the children.
For example, if the child got sick on Wednesday, the sick child would need to be seen by the child’s pediatrician, the physician’s office would use the app to communicate. Each parent would be able to see who got the child to the appointment, the results of the appointment and any medications prescribed.
If a parent is not willing to cooperate or does not have such a plan, the court may modify the joint legal custody arrangement and award one of the parents sole legal custody over certain decisions.
Advantages of Joint Legal Custody
The decision over legal custody is one of the most important a parent will make. But what are the benefits of joint legal custody? The psychological community has long examined the effects of divorce and custody on children and parents. The overwhelming consensus is that joint legal custody, where all significant decisions are made together, is most beneficial to children. Dr. Judith Wallerstein, who studied children of divorce for decades in California, concluded that "children are badly damaged by conflict between their parents and do remarkably well when their parents have high degrees of cooperation with each other." (The Unexpected Legacy of Divorce: The 25-Year Landmark Study, p. 80) The recognition in source after source is that children thrive in both intellectual and emotional intelligence when they have two involved parents working together. Karen Bennett, Ed.D., a longtime student of psychology and in particular of divorce, studied the experiences of children in custody disputes and noted "the more parenting time the child has with each parent, the better is his adjustment . . .. This translates to: When parents do well together, the child does well." (parenting-beyond-divorce.com) But isn’t this what we all grew up knowing? Children need both parents, not just to exist, but to thrive? The law in Alabama provides for this logical and beneficial division of parenting. In Alabama, "There is a presumption, in any action for divorce, that joint custody of minor children is the desirable goal." Alabama Code § 30-3-151(a). Absent the unfitness of the parent, "the court [must] consider joint legal custody that promotes the best interest and welfare of the child." Alabama Code § 30-3-152(a)(1). It is only in the rarest of cases that the court will award sole legal custody to one parent. Those matters almost always involve circumstances of unfitness. The law recognizes that it is in the best interests of the child to have both parents involved in his or her life.
Challenges to Joint Legal Custody and Their Solutions
Despite its apparent simplicity, joint legal custody can be a complex arrangement that poses specific challenges that may need to be overcome with the help of a family law attorney. Below are some of the more common issues: Disputes over Educational Decisions: Given how important education is to a child’s development, disputes over whether to put a child in private school, special education services, extra-curricular activities and other related concerns is one of the most common issues that arise with joint legal custody. Due to the interconnectedness of those decisions to a variety of other decisions, such as medical, a neutral third-party is often recommended to help resolve disputes. Relocation: Joint legal custody requires both parents to agree to or at the minimum not cause trauma for the child upon the relocation of one parent. When a custodial parent wishes to relocate with a child, the parent must seek approval from the other parent, but often does not due to the fear of having an agreement broken. Even worse, if the parent does not tell the other parent of a move, it can lead to allegations of parental kidnapping. When a non-custodial parent wishes to relocate with a child, their only option is to agree with the custodial parent’s decision or fight it out in court, which can be costly financially and emotionally. The same process applies to non-parent caretakers. Medical Care: Joint legal custody helps to ensure both parents have a say in their child’s medical care; however, many parents, especially unmarried parents, do not wish to communicate with the other parent about a child’s condition, despite the necessity. This can make it difficult for parents to choose the best medical care for their child. The Non-Ability To Agree: No two parents are necessarily going to agree on major decisions concerning their children, even when everyone is attempting to maintain neutrality. Despite that reality, one parent may feel that it is not rare for them to agree, while the other parent may feel like the decisions are being forced upon them. In the case of irreconcilable decision making, the ultimate decision often falls to the custodial parent. While negotiations can often solve this issue, in order to maintain joint legal custody, it is necessary for both parents to view the child’s best interests at heart and focus on them, not their needs. Not Informing the Other Parent: While legal and physical custody arrangements cannot prevent a parent from taking his or her child out of state, they can and sometimes do have a provision requiring notice be given to the child’s other parent. Even if not stipulated in the order of custody, a parent cannot prevent the other parent from taking the child out-of-state or from temporarily relocating with them. However, parents should generally provide notice out of courtesy.
Obtaining Legal Help for Custody Disputes
When navigating the complexities of custody matters in Alabama, the assistance of a qualified family law attorney is invaluable. The process of determining custody arrangements can be emotionally charged, filled with uncertainty and potential disputes. Having legal guidance ensures that parents are fully informed of their rights and responsibilities and that decisions made are in the best interests of their children.
A family law attorney helps clients understand various custody options, such as primary physical custody, joint legal custody, and sole custody. They provide clear explanations of each type and help parents establish what would be most beneficial for the child.
In cases of joint legal custody, parents may have questions about the extent of their involvement in critical decisions. An attorney can outline what joint legal custody entails and how it might impact day-to-day parenting. They also help parents determine whether joint legal custody is in the child’s best interests and advise on how to pursue this arrangement in court.
Legal counsel is essential for understanding the factors that Alabama courts consider when determining custody arrangements. These include the child’s needs , each parent’s ability to meet these needs, and the child’s relationship with each parent. An attorney helps parents present their case in the most favorable light by presenting supportive evidence and witness testimony.
An experienced attorney will also be well-versed in how past legal decisions may impact current cases. For example, if parents have previous orders related to custody or visitation, an experienced attorney will know and be able to use these orders effectively.
Having a compassionate advocate on your side can make navigating what are often fraught legal waters much easier. While no parent wants to be exposed to litigation over custody issues, having someone who knows the law, how it works in Alabama, and how to achieve the results you want to benefit your child can be a difference-maker.