how do i respond to a petition to modify custody in alabama?
1 Answer from Attorneys
This is the classic attorney answer --- it depends! First of all I would say it really does depend on what custody modification is requesting. If it is a complete change of custody, then I would say there are pitfalls that await you and you definitely need a lawyer to preserve your rights and custody. There is an Alabama standard called the McLendon Standard which must be met in order for a change of custody to occur after a previous order has been entered. This standard requires a burden of proof for the petitioner to meet that is very high..and further that any disruptive effect on the child will be more than offset by a change of custody.