tax Q

[tide200]

Alright...Alabama Code Section 30-3-152 states the Court shall consider joint custody in every case, but may award any form of custody that is in the best interest of the child...to determine if such custody is in the child's best interest the court will consider

1. the agreement of lack thereof on joint custody by the parents...
2. the ability of the parents to cooperate with each other
3. the ability of the parents to encourage contact between the other parent and the child.
4. any history of abuse (child or spouse) or potential for kidnapping
5. the geographic proximity of the partent to each other...

"the court may order a form of joint custody without the consent of both parents when it is in the best interest of the child." If both parents agree there is presumption that joint custody is in the best interest of the child...

Now Alabama like most state has a distinction between joint legal and joint physical...You must insist on joint physical because the legal burden of proof is different in the event a change of placement is sought down the road. Say there is joint physical and your son 5 years from now feels it is necessary for him to have primary physical placement...the court will then consider what is in the best interest of the child to decide. If your son has only joint legal and she has primary physical placement, in order to change placement to him down the road he would basically have to prove she's unfit...(i.e. does crack, sacrifices small animals in the living room and runs a porn business all in front of the child).
Understand that joint legal really has no significance in Alabama. The parent with primary physical placement (custody) makes all the decisions unless it is specifically stated in the final order that the NCP has some say so in certain issues.

One more thing...since the parents were never married paternity and custody will be determined in family court not domestic relations or circuit court. Family court is even less predictable and more whacky than circuit court. However, I do feel that son needs to get a lawyer and get this done. Always better to have orders in place because things change...probably when either of them gets a new boyfriend or girlfriend....or the grandparents get a wild hair..then the fighting starts and your son does not have legally established rights.

What county are you in?

Thanks again for all your help. I understand, and will let him know. Cant answer for other grandparents, but they dont have to worry about us interfering with their parenting. We keep her anytime they need us to, and we buy stuff she needs sometimes, but she is their child. Thanks again.

We are in Autauga County.

 

[tide200]

At their young ages, they are off to a better start than some of the older posters coming to this site.

Meanwhile, the Dad can certainly look up some sample parenting plans for infants in your state- online...and get an idea of what could work for them (& also have a proposal for Mom)

I agree, they really have both stepped up and done right by the baby. I really hope it stays that way.

 

[weenor]

Thanks again for all your help. I understand, and will let him know. Cant answer for other grandparents, but they dont have to worry about us interfering with their parenting. We keep her anytime they need us to, and we buy stuff she needs sometimes, but she is their child. Thanks again.

We are in Autauga County.

Don't know any family law lawyers in Prattville, but I am sure there are some and I would stay away from Montgomery lawyers. You've got good judges in that County that are very well versed in the law. I assume that mom and baby live within the county as well so you should be fine so that's where you'll need to be.

 

[tide200]

Don't know any family law lawyers in Prattville, but I am sure there are some and I would stay away from Montgomery lawyers. You've got good judges in that County that are very well versed in the law. I assume that mom and baby live within the county as well so you should be fine so that's where you'll need to be.

Thanks again, hubby has a good family lawyer, we were just trying to get some ideas for son.

Everyone here has been so helpful. Thanks to everyone for all you advice, help and opinions.