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The McLendon Standard is a legal statute that determines how child custody orders are modified in the state of Alabama. Based on the results of the 1984 Alabama Supreme Court lawsuit Ex parte McLendon, the standard states that a parent who shares joint legal custody and wants to amend an existing custody order needs to submit proof of why the order should be changed. As with any area of family law, this can be a complex subject. So for clarification, here’s a look at the basics of the McLendon Standard.

The Original Case

The original case that went to the Alabama Supreme Court involved paternal grandparents raising their granddaughter and their legal dispute with the girl's mother, who sought to reclaim her parental rights. The mother took the girl from Alabama to California and out of the care of the grandparents. The grandparents then sought a court order and regained legal custody, but a court later determined that the rights of the mother superseded the rights of the grandparents, despite their status as the girl's legal custodians.

child custodyThe Alabama Supreme Court, however, challenged the lower court's finding and demanded that the mother show verifiable reasons why the existing child custody order should be amended. The Court's ruling eventually evolved to include all parents in joint legal child custody arrangements who seek changes to existing orders.

Factors Judges Consider When Determining Modification

As a result of the Alabama Supreme Court's decision, the burden of proof is on any parent seeking custody modifications. They must establish sufficient cause for the amendment. Ultimately, the decision is left up to a judge, who will take several factors into consideration before rendering a verdict.

Chief among these factors are the living conditions and home environment offered by each parent; the child's needs, age, and health; the health and stability of each parent; the relationship of each parent with the child; and the parents' relationships with others in their lives. In the end, the McLendon Standard aims to look out for the best interests of the child and offer them the most stable, supportive, and consistent home life.

 

To understand the role the McLendon Standard and other state laws might play in your child custody case, consult J.P. Coleman Law, LLC, Attorneys at Law. Since 2012, the firm has been representing clients throughout the Baldwin County, AL, region. In addition to family law issues, their attorneys offer legal services in civil ligation, criminal defense, and estate planning cases. Call (251) 947-6247 or visit them online to schedule a free consultation.

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