What is Joint Legal Custody?
What is joint legal custody? In a divorce this is a common term. It is used to describe the parties’ legal standing regarding the minor children.
Unlike sole custody where one parent keeps all control legal and custodial over the minor child or children; joint custody allows both parents to be on a somewhat equal footing regarding the minor children. In a joint custody arrangement both parents enjoy being able to speak with doctors, school teachers, counselors, etc and are able to have access to medical and school records. The actual physical address of the minor child will lie with one of the parents and the other will have visitation. It is an important tool used to keep both parents involved with the minor children as much as possible so that they may keep the bonds made with the children intact.
- Published in Divorce
The Purpose of Bonds in Criminal Cases
Many times clients are confused about the purpose of a bond in a criminal law case. A bond amount is set by the court in each case and it is set to act as a surety that the defendant will appear in court for all future court dates.
Bonds in Alabama may be made by a professional bonding company which usually charges a percentage of the total bond amount. A cash bond may be posted in some cases if it is affordable. The last method is called property bond. Property bonds are made only if an individual who wishes to make another person’s bond owns property free and clear in an amount equal to twice the amount of the bond.
If a bond is made by a professional bonding company then you are paying for that service and the money you pay to them is not refundable. If you post a cash bond and are found not guilty then the money is returned to you. If you are found guilty the money is applied to any fines and court costs that are taxed against you. If you are out on a property bond the persons property is released when the case is resolved.
- Published in Criminal Law
Divison of Assets in Alabama Divorce Cases
When considering divorce in Alabama one of the first things to consider after children and custody is the division of marital assets. Alabama is not a 50/50 state it is court of equity and will seek to make an equitable distribution of marital assets. This is not 50/50 because factors can be considered that may make the equitable distributions more or less than equal.
For instance, if one spouse committed adultery during the marriage, that is a fault based ground to be considered by the court in the division of property. That fact could result in a greater percentage of the marital property going to the unoffending spouse.
The same can be said of marital debt. If any fault based grounds are proven during a divorce then the court may in its discretion assign the offending spouse a greater share of the marital debt while maintaining an equitable division.
- Published in Divorce
Tuscaloosa Man Sentenced in Child Pornography Case
Upon being convicted for one count of possessing child pornography obtained over the Internet, a Tuscaloosa man was sentenced by a Federal judge to nearly six years in prison. Bruce Henry, a 37-year old Tuscaloosa resident, pleaded guilty in U.S. District Court before being sentenced to 70 months in prison, followed by five years of supervised release. In its sentencing memorandum, the U.S, Attorney said Henry victimized specific children and harmed society by his illegal conduct, noting that individuals who view and possess child pornography enable and support its continued production.
Henry plead guilty to possessing more than 300 images of child pornography that he obtained over the Internet over a two-year span, which depicted real children engaged in sexually explicit conduct. U.S. Attorney Vance distinguished the case from less egregious violations: “This defendant did not just look at a few images once in his life, but used technology for years to possess hundreds of images that depict the rape and exploitation of prepubescent children.” The case was jointly investigated by U.S. Immigration and Customs Enforcement and the Alabama Bureau of Investigation.
Possession of child pornography is serious offense, with especially damaging consequences. In addition to criminal fines, forfeiture, and lengthy prison sentences, a defendant faces lifetime registration as a sex offender, which carries implications for nearly every aspect of life thereafter. Successfully defending against a child pornography charge often entails the use of expensive forensic computer experts and the highest level of trial advocacy. If you or someone you know has been charged with this or other criminal offenses, you must make it your top priority to obtain the best legal representation possible. Call the law firm of Boles Holmes White today at 334-366-6086 for a consultation.
- Published in Criminal Law
Household Items and Fixtures
Divorces are about more than just alimony and child support. A divorce must totally separate the assets of the marriage. Many people pose the question of how do we know what items can be removed from the home and what stays with the home.
This issue revolves around the idea of household goods vs. fixtures attached to the martial home. It’s a seemingly simple issue that can evolve into an impasse ending up requiring a court hearing to settle it. Generally speaking attached fixtures will stay with the home as may some permanent structures that may have been built on the property. What about things in the home such as paintings, lighting fixtures, bathroom fixtures etc. These may seem trivial but many times these items can be very expensive or have some other value to the client.
The best way to approach this issue during a settlement or mediation is to take each item in turn and come to a compromise. For instance if a particular fixture is to be removed by the spouse not keeping the home that spouse may need to replace said fixture with something similar or at least adequate to do the job. If the item is permanently attached and cannot be removed without damage to the home then the value of the item can be used to offset other items or monetary payments in the divorce.
- Published in Divorce
Attorney Advice on Child Custody
Many clients seek out an attorney to give them advice on child custody. All too often this is after the initial divorce of the parties and therefore certain conditions do apply.
Since Alabama no longer recognizes a “tender years” approach to determining custody both parties are presumed equally competent parents and capable of having custody of the children. Thus the “best interest of the child/children” standard is applied. Alabama Courts do not favor a true shared custody arrangement in that it fails to be feasible with school age children and numerous appellate decisions discourage the concept due to it not being in the best interests of the children despite what the parent’s desire.
In the case of modification of custody post-divorce an additional standard is applied. This standard was forged in an actual appellate case and has become known as the McClendon standard or rule. The McClendon standard still requires that the best interest of the child is paramount but also requires that the party seeking to change or modify the custody establish that the benefit of changing custody from one parent to another is so great that it outweighs any detrimental effect that the change in custody would cause to the minor child.
While that may seem to be easy enough to establish; it is not. A mere change in the non-custodial parent’s circumstances for the better will not suffice. Often times the custodial parent must be ineffective in providing for and taking care of the minor child. That coupled with the non-custodial parent’s ability, desire and willingness to take custody may give them the edge needed to cross the huge hurdle that is McClendon.
- Published in Divorce
Can Child Support be Modified?
The answer is yes it can upon a change in either parties income of 10% up or down. If a substantial amount of time has passed a review can be requested to see if a modification is warranted.
A person paying child support cannot make an agreement with the person receiving child support to pay an amount less than what was ordered by the court. Any changes or modifications must be done through the court or they will not be valid and the person paying support will be responsible for any arrearages that came out of the original order.
A modification requires a new court filing fee and an attorney to represent you. Current income figures from both parties must be supplied as well as insurance costs or daycare cost related to the minor children. All this information will be applied to the child support guidelines and a new amount calculated and approved by the court.
- Published in Divorce
When is an award of alimony appropriate?
Alabama does not have a really hard and fast rule concerning alimony except that it can be requested in a divorce case.
There are two types of alimony, alimony in gross and periodic alimony. Alimony in gross is a lump sum payment whereas periodic alimony is not vested and may terminate upon the occurrence of certain contingencies.
Periodic alimony is the most common form and is concerned and based in the law to serve as a tool to help preserve the status quo of the parties. In times gone by this was usually awarded to the wife to assist her in maintaining the lifestyle for which she was accustomed. Today it could go to either party depending on each person’s income and the circumstances of the divorce.
There are considerations that are taken into account when a court is deciding whether or not alimony is appropriate. Some of those are length of marriage, income of the parties and any fault based grounds of the divorce. Of course this is not all that may be considered and other circumstances pertinent to individual cases may be considered.
The award of alimony in any amount is determined by the court and at its discretion. There are no state determined guidelines as there is in child support determinations.
Normally any alimony will terminate upon either the payment of the lump sum amount such as in alimony in gross or upon the death, remarriage, or cohabitation with a member of the opposite sex when dealing with periodic alimony.
- Published in Divorce