Michael Cana and M

Birmingham Child Custody Modification Attorneys

 

Pursuant to Alabama Child Custody case law, a child custody court cannot order a change of child custody unless the party who is seeking a change in custody can show that a change of the custody will materially promote the child’s welfare.  The party seeking the change in child custody must also show that the child’s interests are promoted by the custody change and must also produce evidence to overcome the inherently disruptive effect caused by uprooting the child and modifying custody. The Alabama Supreme Court has stressed that this standard for modifying child custody (called the McLendon standard by Alabama child custody attorneys) is a “rule of repose” and is meant to minimize disruptive changes of child custody because Alabama Courts presume that stability is inherently more beneficial to a child than a disruption in the child’s custodial status.  If you are in need of an Alabama child custody attorney, contact Harwell Law Firm LLC by phone at (205) 980-1445 or on line by completing our intake form.

 

 Hoover and Chelsea Child Custody Attorneys 

 

Where there is a prior judgment awarding joint physical custody of a child, ‘”the best interests of the child“‘ standard applies in any subsequent child custody modification proceeding. To justify a modification of a preexisting Alabama child custody order, the party seeking to modify custody must demonstrate that there has been a material change of circumstances since that judgment was entered and that it is in the child’s “best interests” to modify the previous custody order.