Resolving family law disputes can be challenging because the proceedings are often emotionally charged. A fairly broad practice area, it encompasses everything from domestic violence to adoption. In other words, it’s virtually impossible to sum up family law in a single article. However, there are a few general concepts that apply to most—if not all—cases, which you can read about here.
Planning Ahead Can Mitigate Disputes
The state of Alabama recognizes prenuptial agreements, which can prevent all kinds of issues during subsequent divorce proceedings. In order for a prenup’s terms to be legally enforceable, though, it must be signed by the spouse who is giving up certain rights; however, it’s best if both parties sign it. Additionally, the spouse who did not prepare the agreement has the right to review it with his or her own attorney before signing. This cannot be the same lawyer who helped draft the document.
Even if you follow all of the above when creating your prenup, it’s important to remember that some terms will not be enforceable no matter what. For example, a prenup cannot address custody, child support, or domestic affairs like where the couple will spend their holidays or which party is responsible for the household chores.
Children Always Take Priority
When it comes to proceedings involving children, family law judges will prioritize their best interests above all else. This applies to everything from divorce to adoption. If you’re in the process of ending your marriage, for example, it’s natural to worry about losing custody. As long as you’re a caring and attentive parent, though, the judge will not sever ties. It’s usually in a child’s best interests to maintain a relationship with both parents, so judges try to devise visitation schedules that allow kids to spend as much time as possible with each party. Naturally, logistics like school and work will influence the final arrangement, but the sole deciding factor will always be the children’s best interests.
This applies under adoption law, as well. In Alabama, for example, a birth mother has five days after consenting to the arrangement to revoke her decision. However, the return of the child is not automatic. A judge will review the situation to determine whether the child should actually go back to the birth mother in such a scenario.
If you’re facing a family law dispute in Alabama, get in touch with Ray T. Kennington, Attorney At Law in Ozark. Since 1982, this compassionate lawyer has been counseling both individuals and businesses throughout Dale County in a variety of legal areas. From the moment you call to schedule a consultation, you will be treated with the utmost respect and professionalism by all members of his knowledgeable team. To explore the practice areas in which Attorney Kennington can provide strategic legal advice, visit his website. To schedule an initial consultation, call (334) 445-1200.