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STEP 2: You and your spouse sign and notarize the divorce papers online. Our legal service e-files all your paperwork with the appropriate Circuit Court. Our online attorney manages all communications with the court and judge to finalize the divorce. The judge will grant your divorce, ending your marriage. ($202)
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The law requires the court to always look at what is in the best interest of the child or children above all else when determining timesharing with each parent. Additionally, the law requires the court to will encourage frequent contact between the child and both the parents unless one parent is a danger to the child or children.
In Alabama, it is presumed that both the Mother and Father should be share parental responsibility and decision making unless there has been a pattern or history of family violence.
The Final Judgment for Dissolution of Marriage must contain a detailed “Parenting Plan.” This is the portion of the Final Judgment that outlines timesharing, parental responsibility and primary address of the child or children for school zoning purposes, and the court must find the Parenting Plan to be in the best interest of the child or children. The law outlines many specific requirements of the parenting plan. The law requires one parent to be named the parent who has the exclusive right to designate the residence of the child. Although both parents will have equal rights and duties in all decision making of the child’s or childrens’ education, medical care and religious practices, one parent must be given the exclusive right to say where the child will live.
Additionally, the Parenting Plan must state whether the child is required to live within a geographical area located within the state or if they may live anywhere without regard to geographical restriction. Whether a child will be required to reside within a specific county or those counties contiguous to a specific county.
The Alabama Family Code outlines in Chapter 151, all of the rights and duties of parents. Any parent will have these rights, unless the court order specifically limits or changes these rights and duties.
In the Alabama Family Code, visitation is referred to as timesharing. The Final Judgment for Dissolution of Marriage will incorporate the timesharing schedule outlines in the Parenting Plan. Although parents can agree to other times and days for to spend time with the child or children, and it will state that very fact in the Parenting Plan, there still must be a specific plan for each Parent’s timesharing in place.
Sec. 153.001. PUBLIC POLICY.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 25, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 787, Sec. 2, eff. Sept. 1, 1999.
Sec. 153.002. BEST INTEREST OF CHILD. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.
Courtesy of: Alabama Constitution and Statutes
×Sec. 153.131. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 32, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1193, Sec. 20, eff. Sept. 1, 1997.
Courtesy of: Alabama Constitution and Statutes
×Sec. 153.133. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP.
Courtesy of: Alabama Constitution and Statutes
×Sec. 153.073. RIGHTS OF PARENT AT ALL TIMES.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 29, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1036, Sec. 6, eff. Sept. 1, 2003.
Sec. 153.074. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child:
Courtesy of: Alabama Constitution and Statutes
×Sec. 153.252. REBUTTABLE PRESUMPTION. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F:
Courtesy of: Alabama Constitution and Statutes
Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. In a standard possession order, "school" means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113, Sec. 4, eff. September 1, 2009.
Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 802, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 236, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1036, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 36, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 236, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 1036, Sec. 14, eff. Sept. 1, 2003.
Amended by:
Sec. 153.315. WEEKEND POSSESSION EXTENDED BY HOLIDAY. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child:
Courtesy of: Alabama Constitution and Statutes
Sec. 153.255. AGREEMENT. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider:
Courtesy of: Alabama Constitution and Statutes
×Confirm you qualify to use Alabama Divorce Online then complete 2 easy steps:
STEP 1: You answer questions. Attorney drafts your divorce documents online. You and your spouse review and approve the prepared documents. ($195 service fee or two payments of $99)
STEP 2: You and your spouse sign and notarize the divorce papers online. Our legal service e-files all your paperwork with the appropriate Circuit Court. Our online attorney manages all communications with the court and judge to finalize the divorce. The judge will grant your divorce, ending your marriage. ($202)
You have questions?
We have answers...
You can contact us by email at
info@alabamadivorceonline.com
or call us at
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