common law/child visitation

[kimcummins]

Could someone tell me what common law marriage is in alabama? My ex has currently left me and our 15 month old son. I have physical custody and he is wanting to fight me for joint custody. Could you tell me the difference in joint and sole custody? I am also seeking information about visitation. My ex left us 6 months ago. He has been to see our son only once in this 6 months. Our son was only 10 months old when his father left and for 5 months out of that 10 months, his father worked out of state. Therefore, our son doesn't know his father. I have called him on numerous occasions to try to meet with him so that he could see his son, but he refuses. Now he's saying that I refuse to let him see him. Which is definitly not true. I want my son to have a relationship with his father. At present, he will not tell me where he is living. He wants "standard visitation" when we go to court. I'm fine with that, with the exception of, sending our son off with him would be like sending him off with a stranger. Are there any laws that will allow a child to be able to get to know the noncustodial parent first? My ex has a very bad temper and I am concerned that he won't have the patience with a 15 month old since he has never had to care for a child on his own. Also, he is back with his ex wife who screams continously at her own children and has even admitted to talking bad of their father to them while they weren't together. What are my chances of getting no over night visitations until my son is of school age?

 

[Michael Wechsler]

There are a great many factors involved in the determination of custody, the "best interests of the child' is usually paramount.

Sole custody means that one parent has the children live with them at all times while the other parent has visitation rights. Joint custody means that the parents share where the children live.

I would not think it likely that the father would be awarded sole custody for a variety of reasons. Do you have an attorney? You might want to obtain one for the hearing. You should bring up your concerns in court regarding the complete lack of interest your ex has in your son -- the visitation rights might require supervised visitation.