Alabama child custody modifications: What we can learn from Usher
There are few things more difficult that dealing the injury of a child. Pop superstar Usher was recently confronted with such a situation when his son was injured in a pool accident.
The boy, Usher V, is five years-old. While swimming in a relative's pool, the young boy appears to have gone underwater to retrieve a toy that was stuck in a drain. While attempting to get the toy, his arm became stuck in the pool's drain. Both the boy's aunt and the housekeeper were unable to pull the boy out. Two contractors that were on the property heard calls for help and were able to dislodge the boy's arm, remove him from the pool and administered CPR. The boy is expected to make a full recovery.
After the incident, the boy's mother attempted to adjust the current child custody order. She argued during an emergency court hearing that the boy is not receiving adequate care while under the watch of extended family members and nannies. Instead, she was hoping to gain more time with her child. The judge ultimately held in Usher's favor, allowing the superstar to retain the current custody arrangement.
Child custody modifications in Alabama
Accidents, like the one Usher's family recently dealt with, happen. When these accidents happen in situations where child custody is an issue, the parents may request a child custody modification.
Alabama state law provides both parents with an equal right to child custody. When making child custody decisions, Alabama courts consider the best interests of the child.
In addition to an accident or concern for the safety of a child, a common reason for a modification in a child custody agreement is a change of residence. State law requires the parent with custody notify the other parent of a potential move.
Parents who are contemplating a move should provide the following information to the child's other parent:
- The new address.
- New telephone number, if applicable.
- If the move would result in a change of school, provide the name, location and telephone number for the new school.
- Date the move is expected to happen.
- Proposal for revisions to the current custody or visitation agreement, if necessary.
The law generally requires 45 days notice prior to the move, but in some cases allows as little as 10 days notice.
Navigating the intricacies of a child support order modification can be difficult. As a result, those that find themselves contemplating such changes should contact an experienced Alabama child custody lawyer to discuss their situation and better ensure a favorable outcome.