How To File For Emergency Custody In Alabama. How our firm typically handles a case where it doesn’t justify true emergency custody, but it is a true, urgent situation (perhaps a parent is withholding visitation for over a month, or is making rapid, negative changes), is as follows: You can usually only file for custody in alabama if alabama is your child’s “home state.” however, there are exceptions to the home state rule.
Some situations warrant immediate actions, such as when the child is in danger or there are allegations of child abuse or neglect. However, such hearings are limited to those situations in which a. In addition, the law states that if a parent is absent or relocates because of an act of domestic or family violence by the other parent, the judge cannot use this against the parent in making a decision as to custody or visitation.
When determining child custody the judge will take the prudence and moral character of the parents into consideration, as well as the age, sex, and needs of the child or children involved in the situation.
3 in alabama, if the judge determines that there has been domestic abuse, the judge is supposed to assume that it is not in the best interest for the abuser to get sole or joint custody. You can usually only file for custody in alabama if alabama is your child’s “home state.” however, there are exceptions to the home state rule. If your child is in danger from the other parent, you can go to your county courthouse and request emergency temporary custody. In order to have a hearing, the parent must petition the court for the hearing and desired relief, including emergency custody changes.