The document discusses the history and evolution of marriage and family law in Alabama. It provides an overview of traditional marriage roles and responsibilities, the dissolution of marriage contracts, child custody arrangements including joint and sole custody, relocation restrictions, and standards for custody modifications. It also summarizes a recent Supreme Court case on third-party visitation rights.
ths ppt is based on testamentary guardianship sec 9 of hindu adoption and guardianship act
it includes difinition, poweres.need ,when testamentary guarduian is appointed n by whom?who can b appointed as a testamentary guardian.
This a presentation on the child custody legal framework in Liberia. It includes both elements of the Statute (Domestic Relations Law) and Supreme Court Opinions.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Child custody battles are common in divorce, but as with most legal matters, it's not always black and white. There are multiple types of custody in California.
ths ppt is based on testamentary guardianship sec 9 of hindu adoption and guardianship act
it includes difinition, poweres.need ,when testamentary guarduian is appointed n by whom?who can b appointed as a testamentary guardian.
This a presentation on the child custody legal framework in Liberia. It includes both elements of the Statute (Domestic Relations Law) and Supreme Court Opinions.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Child custody battles are common in divorce, but as with most legal matters, it's not always black and white. There are multiple types of custody in California.
New Jersey Child Custody 101 introduces you to the custody laws in NJ. Learn:
- what does the 'best interests of the child' standard mean?
- what is the difference between legal custody vs. physical custody? And what different custody types are available in New Jersey?
- What are the court procedures in child custody cases
- how to modify child custody orders
- how to enforce child custody orders
- and more!
In clear, simple language, this is the essential legal guide for any New Jersey parent wanting to understand the basics of child custody in the garden state.
This presentation was created by Weinberger Law Group, the largest family law and divorce attorneys in New Jersey.
Adoption can be legal as well as illegal in India(Only Legal adoption recognized and Valid).
Under Indian law adoption is legal coalition between the party willing for adoption and a child,
Subject matter of ‘personal law’ where Hindu, Buddhist, Jaina or Sikh by religion can make a legal adoption.
No separate adoption laws for Muslims, Christians and Parsis, so they have to approach court under the Guardians and Wards Act, 1890 for legal adoption.
According to section 2(aa) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, “adoption means the process through which the adopted child is permanently separated from his biological parent and becomes the legitimate child of his adoptive parents with all right, privileges and responsibility that are attached to the relationship”.
Adoption is an intricate process, but it is also a rewarding one. The feeling of being able to be a parent to a child is incomparable to any other experience, and there continue to be large numbers of children, both newborn and older children, who are in need of loving adoptive homes.
Get the facts about child custody in New Jersey: what is the best interests of the child according to the NJ courts? What about father's rights? Mother's rights? Get the inside track on what happens in the NJ courts system with regards to custody. Find out about enforcing or modifying custody agreements.
New Jersey Child Custody 101 introduces you to the custody laws in NJ. Learn:
- what does the 'best interests of the child' standard mean?
- what is the difference between legal custody vs. physical custody? And what different custody types are available in New Jersey?
- What are the court procedures in child custody cases
- how to modify child custody orders
- how to enforce child custody orders
- and more!
In clear, simple language, this is the essential legal guide for any New Jersey parent wanting to understand the basics of child custody in the garden state.
This presentation was created by Weinberger Law Group, the largest family law and divorce attorneys in New Jersey.
Adoption can be legal as well as illegal in India(Only Legal adoption recognized and Valid).
Under Indian law adoption is legal coalition between the party willing for adoption and a child,
Subject matter of ‘personal law’ where Hindu, Buddhist, Jaina or Sikh by religion can make a legal adoption.
No separate adoption laws for Muslims, Christians and Parsis, so they have to approach court under the Guardians and Wards Act, 1890 for legal adoption.
According to section 2(aa) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, “adoption means the process through which the adopted child is permanently separated from his biological parent and becomes the legitimate child of his adoptive parents with all right, privileges and responsibility that are attached to the relationship”.
Adoption is an intricate process, but it is also a rewarding one. The feeling of being able to be a parent to a child is incomparable to any other experience, and there continue to be large numbers of children, both newborn and older children, who are in need of loving adoptive homes.
Get the facts about child custody in New Jersey: what is the best interests of the child according to the NJ courts? What about father's rights? Mother's rights? Get the inside track on what happens in the NJ courts system with regards to custody. Find out about enforcing or modifying custody agreements.
Termination of Parental Rights in Tennessee - Part1Stan Bennett
Although most people are not aware of it, the relationship between a parent and a child is more than an emotional bond or a practical commitment, in the eyes of the law it is also a legal relationship that comes with duties and responsibilities. Learn more about termination of parental rights in Tennessee in this presentation.
Defining the Child – Parent RelationshipEstablishing PatLinaCovington707
Defining the Child – Parent Relationship
Establishing Paternity and Maternity
The Importance of Marriage – Historical Background on Children Born to Unmarried Parents
Historically, children born to unmarried parents were labeled “bastards” or “illegitimate,” and had fewer rights and opportunities than children born to married people.
Illegitimate children are, “persons who are begotten and born out of wedlock”.
Civil and Canon law legitimized the child by the subsequent marriage of the parents.
Protecting children from ‘illegitimacy,” remains a strong justification for the legal presumption that any child born to a married couple is the child of the husband and a legitimate product of the marriage.
Defining the Child – Parent Relationship, cont.
Surnames
Traditionally, children born to married couples are given the father’s surname.
At common law, a child born to unmarried parents was considered the child of no one and had no surname at birth.
The law began to give nonmarital children a right to inherit from their mothers and gave their mothers custody, these children began to receive their mothers surnames, which gradually moved from custom to law (text p. 129)
Gubernat v. Deremer – the court held that the surname selected by the custodial parent, that is the parent that makes the decisions in the best interest of the child’s life, is able to give the child their surname. Note: This rule applies for children under the age of 6 years
Defining the Child – Parent Relationship, cont.
Huffman v. Fisher – the court held that for children between the ages of 6-14, the court should make a determination concerning the child’s ability to state a preference which would keep in line with the best interest of the child
Factors to consider
The length of time that the child has used his or her current name
The name by which the child has customarily been called
Whether a name change will cause insecurity or identity confusion
The motivation of the parents in changing the child’s name
Any embarrassment, discomfort, or inconvenience that may result if the child’s surname differs from that of a custodial parent
Defining the Child – Parent Relationship, cont.
Unmarried Parents: The Contemporary Context
Constitutional and Statutory Reform
Levy v. Louisiana – The Supreme Court held for the first time that children born to unmarried parents are “persons” within the Fourteenth Amendment’s Equal Protection Clause.
The Uniform Parentage Act (UPA) Section 202 states, “a child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.”
Establishing Paternity
The PRWORA [Personal Responsibility and Work Opportunity Reconciliation Act of 1966] resulted in three developments for the establishment of paternity
A change in social perspective
During the 1980’s, there was a growing focus on poverty and other societal problems often associated with single parenth ...
As a father, if you are going through a difficult separation or divorce and contentious child custody battle, or if you are unmarried and need to establish paternity, you need to seek legal representation from an experienced fathers’ rights attorney to safeguard your fathers’ rights and help you navigate Utah's family courts.
https://wasatchdefenselawyers.com/fathers-rights-divorce-attorney-in-utah/
Seasoned veteran of family law, Leigh Carson of The Carson Law Firm, takes you through the basics of divorce law in St. Louis. Following this guide will help you be sure you start with a strong foundation and can help you save money, time, and frustration. You can learn more at http://thecarsonlawfirm.com/st-louis-divorce-the-basics/
Reinstating Parental Rights Over a Child That Has Lost Permanencybartoncenter
Fact pattern and Georgia statute governing reinstatement of parental rights, standard of proof, factors to consider, gaps in the statute, issues, and persuasive law.
This is a study on the topic of the new trend in child custody after divorce and the strength and weaknesses of shared parenting order. I choose to compare the position in Malaysia, Australia, Singapore and United States of America.
1. Frances P. Quarles, Esq.
Quarles Law Firm, LLC
Marriage and Public Policy
Samford University, Birmingham, AL
March 30,2016
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2. English common law tradition, marriage was a contract based upon a
voluntary private agreement by a man and a woman to become husband and
wife
Marriage was viewed as:
◦ the basis of the family unit &
◦ vital to the preservation of morals and civilization
Traditionally, husband had a duty to
◦ provide a safe house
◦ pay for necessities such as food and clothing and
◦ live in the house
The wife's obligations were
◦ maintaining the home
◦ living in the home
◦ having sexual relations with her husband and
◦ rearing the couple's children
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3. Dissolution Of The Marriage Contract
◦ Allocates Property: Who Gets What Stuff
◦ Allocates Finances: Who Gets What Money
◦ Allocates Child-rearing: Who Gets Whom
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It Is The Policy Of The State Of Alabama To
Assure That Minor Children Have Frequent And
Continuing Contact With Parents
◦ Who Have Shown The Ability To Act In The Best
Interest Of Their Children AND
To Encourage Parents To Share In Their Rights
And Responsibilities Of Rearing Their Children
(ALA. CODE Section 30-3-150)
5. JOINT CUSTODY IS DEFINED AS
◦ JOINT LEGAL CUSTODY AND
◦ JOINT PHYSICAL CUSTODY
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6. Both Parents Have Equal Rights And
Responsibilities For Major Decisions Concerning
The Child, Including But Not Limited To:
◦ Education
◦ Health Care
◦ Religious Training
Court May Designate One Parent To Have Sole
Power To Make Certain Decisions
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7. Physical Custody Is Shared By The Parents In
A Way That Assures Child Frequent &
Substantial Contact With Each Parent
Does NOT Necessarily Mean Physical Custody
Of Equal Durations Of Time
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8. One Parent Has Sole Rights & Responsibilities To
Make Major Decisions Concerning The Child
Including, But Not Limited To:
◦ Education
◦
◦ Health Care
◦ Religious Training
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9. One Parent Has Sole Physical Custody
Other Parent Has Rights of Visitation
Except As Otherwise Provided By Court
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10. Not Found In Statutes
Alabama Rules of Judicial Administration Rule 32,
“Child Support Guidelines”
Rule 32(A)(1) – “Reasons for Deviating from the
[Child Support] Guidelines”
“(a) Shared physical custody or visitation rights
providing for periods of physical custody or care
of children by the obligor parent substantially in
excess of those customarily approved or ordered
by court.”
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11. Court Shall Consider Joint Custody In Every
Case
But Court May Award Any Form Of Custody It
Determines To Be In Best Interest Of Child
ALABAMA CODE Section 30-5-152(a)
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12. ◦ Agreement Or Lack Of Agreement Of Parents On
Joint Custody
◦ Past And Present Ability Of Parents To Cooperate
With Each Other And Make Decisions Jointly
◦ Ability Of Parents To Encourage The Sharing Of
Love, Affection And Contact Between The Child &
Other Parent
◦ Any History Of Or Potential For Child Abuse, Spouse
Abuse Or Kidnapping
◦ Geographic Proximity Of Parents To Each Other As
Relates To Practical Considerations Of Joint Physical
Custody
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13. Required By State Law
◦ ALABAMA CODE Section 30-3-153
Tie-Breaker For Certain Areas
◦ Academic
◦ Athletic
◦ Civic
◦ Cultural
◦ Dental
◦ Medical
◦ Religious
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14. 3.2. Primary Authority if Parties Unable to Agree.
Should Husband and Wife be unable to agree on a particular issue of the academic,
religious, civic, cultural, athletic, clothing, medical, and dental activities of the Minor
Children, the following party is hereby designated as having the primary authority and
responsibility regarding involvement in said activity:
Academic................Wife Athletic....................Husband
Civic......................Husband Cultural...................Wife
Medical ..................Wife Religious.................. Husband
The exercise of this primary authority is in no way intended to negate the responsibility
of the parties to notify and communicate with each other as otherwise set forth herein.
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15. Medical
Physiological
Dental
Scholastic
Athletic
Extracurricular
Law Enforcement
Regardless of Custody Arrangement
ALABAMA CODE Section 30-3-154
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16. Ex Parte Devine, 398 So.2d 686 (Ala. 1981)
Presumption In Alabama That The Natural
Mother Was Presumed, In Absence Of
Evidence To The Contrary, To Be The Proper
Person To Be Vested With Custody Of A Child
Of “Tender Years”
Deprived Fathers Of Equal Protection Under
The Law
Children In Devine:1st Grade & Nursery School
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18. Creates A Rebuttable Presumption That A
Change Of Principal Residence Of A Child Is
Not In The Best Interest Of The Child
Sets Forth Procedure When Moving A Long
Distance From The Other Parent
Required To Be In ALL Child Custody Orders
◦ Divorce Cases
◦ Juvenile Dependency Cases
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19. THE RELOCATION ACT REQUIREMENTS
Alabama law requires each party in this action who has either custody of or the right of visitation with a
child to notify other parties who have custody of or the right of visitation with the child of any change in his or
her address or telephone number, or both, and of any change or proposed change of principal residence and
telephone number or numbers of a child. This is a continuing duty and remains in effect as to each child subject
to the custody or visitation provisions of this Decree until such child reaches the age of majority or becomes
emancipated and for so long as you are entitled to custody of or visitation with a child covered by this Order. If
there is to be a change of principal residence by you or by a child subject to the custody or visitation provisions
of this Order, you must provide the following information to each other person who has custody or visitation
rights under this Decree as follows:
1. The intended new residence, including the specific street address, if known.
2. The mailing address, if not the same as the street address.
3. The telephone number or numbers at such residence, if known.
4. If applicable, the name, address, and telephone number of the school to be attended by the child, if
known.
5. The date of the intended change of principal residence of a child.
6. A statement of the specific reasons for the proposed change of principal residence of a child, if
applicable.
7. A proposal for a revised schedule of custody of or visitation with a child, if any.
8. Unless you are a member of the Armed Forces of the United States of America and are being transferred
or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating
person that an objection to the relocation must be made within thirty (30) days of receipt of the notice
or the relocation will be permitted.
The relocating parent must give notice by certified mail of the proposed change of principal residence on or
before the 45th day before a proposed change of principal residence. If you do not know and cannot reasonably
become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by
certified mail not later than the 10th day after the date that you obtain such information.
Failure to notify other parties entitled to notice of your intent to change the principal residence of a child may be
taken into account in a modification of the custody of or visitation with the child.
If the non-relocating party does not commence an action seeking a temporary or permanent order to prevent
the change of principal residence of a child within thirty (30) days after receipt of notice of the intent to change
the principal residence of the child, the change of principal residence is authorized.
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20. Custodial Parent Who Intends To Relocate Must
Notify Noncustodial Parent (NCP) At Least 45
Days In Advance By Certified Mail
◦ Moves More Than 60 Miles From NCP
◦ Also Moves Closer To NCP If The Move Is Out Of State
Non Custodial Parent May Make A Formal
Objection; Hearing Required
◦ Relocating Parent Must Then Show How Move Is In
Child’s Best Interest
◦ Non-relocating Parent Must Then Show How Move Is Not
In Child’s Best Interest
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21. Toler v. Toler, 947 So.2d 416, 417(Ala.Civ.App.2006)
Mother, Custodial Parent, Sought Change Of The Principal Residence Of The Parties' 14 Y.O.
Child & Notified Father
Father Objected
Trial Court Allowed Mother To Relocate Son From Birmingham To Headland, Alabama
Court Of Civil Appeals Reversed; Child Not Allowed To Move
Appellate Court: Evidence Indicated That Relocation Caused:
◦ A Disruption Of An “Enviable Custody Situation,”
◦ Father To Enjoy Less Frequent Visitation, Caused Longer Drives To Exchange The Child, &
◦ Child To Be Uprooted From His Church, Friends, Sports Activities, & School He Had Attended Since
First Grade
Furthermore, Child Had Expressed His Preference To Return To Birmingham
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22. Original Custody Determination: Best Interest
Of Child Standard
Custody Modification: McLendon Standard
McLendon - Higher Standard; Heavier Burden
NCP Seeking Change Must Demonstrate
◦ He/She Is Fit To Be Custodial Parent
◦ Material Changes Have Occurred Since Original
Award Of Custody
◦ The Positive Good Of Custodial Change Will More
Than Offset Disruptive Effect Of Uprooting Child
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23. Material Change In Circumstances Occurred Which
Warranted Change In Primary Physical Custody Under Joint
Custody Award From Mother To Father
Conditions In Mother's Home Had Become More Hectic &
Chaotic & Conditions Materially Affected Children
Presence Of Additional “High Maintenance” Children
Exacerbated Problems Arising From Mother's Lack Of Time
& Attention To Children
Children Expressed Strong Desire To Live With Father &
Disruptive Effect Of Change Of Custody Was Not Great
Because:
◦ Father & Mother Lived In Same Community
◦ Father Exercised Visitation Rights
◦ Father Was Actively Involved In Children's Lives &
◦ Children Would Continue To Attend Same School & Participate In
Same Activities Regardless Of Which Parent Had Primary Custody.
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24. Mother’s Remarriage, Ability To Stay Home, &
Move To Larger House Alone Insufficient To
Change Joint Custody To Mother’s Sole
Custody
No Evidence That Those Changes, Although
Positive, Had Affected Child In “Anything
More Than A Tangential Way”
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25. Biological Mother's Former Same-sex Partner Filed Petition
Seeking Visitation With Biological Mother's Children, Whom
Former Partner Had Adopted In Georgia
2013: The Family Court, Jefferson County, Awarded Former
Partner Periodic Visitation, And Biological Mother Appealed
2015: The Alabama Court Of Civil Appeals Affirmed Judgment
Recognizing And Giving Effect To Georgia Adoption Decree, And
Biological Mother Appealed.
2015: The Supreme Court Of Alabama Reversed And Remanded
2016: Upon Granting Certiorari, The United States Supreme
Court Held That Georgia Superior Court Had Subject-matter
Jurisdiction To Hear And Decide Adoption Petition, Triggering
Alabama Courts' Full Faith And Credit Obligation
Now: The Woman Must Go Back To State Court To Gain Visitation
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26. Fran Quarles, Esq.
fquarles@quarleslawfirm.com
www.quarleslawfirm.com
300 Office Park Dr., Ste 100
Mountain Brook, AL 35223
(205) 874-7000
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