She had heavy nasal and chest congestion and dried mucus in her nose. At ; Gordon v. Nicholas , So. This is not the case, however, when the natural parent voluntarily gave up custody on a temporary basis while suffering and recovering from a nervous breakdown and was fully recovered by the time the court awarded permanent custody. Sterrett , So. Keele , So. Messer , So. Santmier , So. See also Hartselle v. Wilson , So. Marsh , So. Calhoun , So. Johnson , So. Monk , So. At ; Mason v. Mason , So. Altieri , So. Martin , So. Nesmith , So. A parent will not be denied custody for every act of indiscretion or immorality.
Hawkins , So. Bryan , 34 Ala. A careful examination of this immense mass of evidence convinces us that the defendant was in the habit of drinking freely, and in a few instances to inebriation; but that his drinking had not been carried sufficiently far to disqualify him for business, or materially to interfere with his business habits, or to make his association dangerous to his wife and children, or so pernicious to the latter as to authorize the taking away the custody of them. Wester , So. Therefore, there was no sufficient evidence on this point of conduct to warrant a custody change.
Bark , So. Hilley , So. Alford , So. Marr , So. Crosslin , So. The court was construing the privilege for communications between the wife and her psychologist, as provided in Ala.
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The court ruled that the privilege must yield if the issue of the mental state of a party to a child custody suit is clearly in controversy and proper resolution of the custody issue requires disclosure of privileged medical records. Dasinger , So. Whiteport , So. Lipham , So. Ellison , So. Heck , So. Hagler , So. Shires , So. Hayes , So. Pressley , So. Cooper , So. Weatherly , So. Phillips , So. Kirk , So. Brannon , So. Scudder , So.
Wood , 82 So. Scudder , at Taylor , So. Robinson , So. Kalupa , So.
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Moore , So. Wren , So. Boone , So. The parties had married when both were about 60 and had remained married less than three years before their final separation. Russell , So. Hocutt , So. See also Rayborn v. Rayborn , So. Mayhan , So. Roberts , So. The home was the only significant asset of the year marriage. The court affirmed the award of the home to the husband, noting that the husband was 77 and in poor health while the wife was 59 and presumably healthier and that the husband had bought the home with his own funds shortly before they married. Bender , So.
The court ruled that the arrangement was in the nature of a property settlement and thus not modifiable, even though the husband was required to continue making payments on the house while the wife occupied it. Wheeler , Ala. Overtime is included in income. Smith , So. DeLaurentis , So. Coleman , So. John , So. Houk , So. Salas , So. Jones , So. Madden , So. West , So. Hughes , So. Madden , at Chambliss , So. Rowe , So. West , supra at Boley , So. Hartsfield , So. Shirley , So. Cliett , So.
Code a ; Lewis v. Lewis , So. McDonald , So. Hicks , So. Knight , So. Castelberry , So. McCluskey , So.
Alabama Divorce Law – ovahiryripen.tk
Introduction The law of divorce in Alabama or for that matter in any state comes down to four main issues: Click here for information on uncontested divorce in Alabama For a thorough examination of all the issues divorcing couples confront, I can say in all modesty that the best source available anywhere is my web site, http: Custody as Between Parents Before , Alabama presumed that young children, particularly young girls,  belonged with their mothers.
Conduct of One of the Parents Alabama courts consider the fault of the parties in determining custody. Preference of the Child  The preference of a child for one parent over the other is a relevant consideration in custody, but not a controlling one. Mental Health Serious emotional disturbance and psychiatric disorders are relevant factors in custody determinations.
Visitation Trial courts have broad latitude in providing for visitation rights. Visiting Rights for Grandparents. Division of Property and Debts 4.
Separate Property The question here is whether property contributed by one of the parties should be included in the marital estate for purposes of an equitable division. Length of the Marriage Generally, property division involving a short-term marriage is relatively straightforward. Finality of Decree A property settlement is not subject to modification because of changed circumstances. Real Estate The disposition of real estate often presents itself in the guise of the marital home. Retirement Plans The court in a divorce may include in the estate of either spouse the present value of any future or current retirement benefits, subject to several limitations: The Guidelines Child support is one of the few things in divorce that is relatively certain.
The formula turns on the following factors: Deviation from Guidelines The child support guidelines are mandatory, and the trial court may deviate from them only where the parties have entered a fair, written agreement establishing a different amount of support and stating the reasons therefor, or upon a written finding on the record that the application of the guidelines would be manifestly unjust or inequitable.
Courts have discussed and applied the following other reasons for deviation from the guidelines: Spousal Support The purpose of alimony, or spousal support, is to preserve to the extent possible the economic status of the parties as it existed during the marriage. Alimony in Gross vs. There are four key differences between alimony in gross and periodic alimony: X Close Alabama Info. Encyclopedia Checklists Tools Downloads Bookstore. The court bases the child support order on the Alabama Worksheet, which determines child support based on the gross monthly income of the parents, the cost of day care, and the cost of health insurance.
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