Child custody issues are often the most confusing and emotionally charged elements of a divorce, especially if you can’t negotiate a mutually agreeable solution. Parents facing these difficult cases are often unsure about the process, how the outcome will be decided, and whether they need to hire a child custody attorney. To help clear things up, below are answers to some pressing questions you might have about custody disputes.

FAQ About Child Custody

How is custody decided in a divorce?

Whenever possible, divorcing parents should try to settle their differences between themselves and their respective lawyers. If it’s impossible to find common ground, a family court judge will reach a decision for you, based solely on the best interests of the child.

How is custody decided if the parents aren’t married?

Unless their rights have been terminated by the court, every parent has the right to maintain a relationship with their children, regardless of their marital status. Unmarried parents may also negotiate a formal settlement, or hire a child custody attorney to take the matter to court. However, the father may have to prove paternity before the court will recognize their parental rights.

What types of custody are available?

To preserve meaningful relationships between children and their parents, Alabama and most other states prefer to assign joint custody arrangements. However, in some situations, the court may decide that a sole custody arrangement is in the child’s best interest, in which the child lives with one parent full-time.

What’s the difference between legal and physical custody?

Physical custody refers to the right to have a child live with you, and may be awarded to either or both parents. Legal custody describes a parent’s right to make decisions regarding a child’s education, religious upbringing, healthcare, and other important matters. Even if one parent is awarded sole physical custody, both usually share legal custody.

If you’re involved in a custody dispute, a skilled lawyer will protect your rights and work to achieve the best possible outcome for you and your children. As one of St. Clair County, AL’s premier child custody attorneys, William A McWhorter has been fighting for the rights of clients throughout the area for more than 20 years. Visit the website for a look at his comprehensive list of legal services, or call (205) 338-4411 to consult with this child custody attorney today.