Legal Question in Family Law in Alabama

Re: divorce

If there has been no previous decision or ruling as to custody by a court, then the best interest standard applies - best interest of the child. If there has been a prior ruling, then the McLendon Standard applies. This is, you must show that any inherent disruption in the child's life would be more than offset by the benefits of a change in custody. This is a very hard burden to meet because it is based upon changes that have occurred involving the child and the parent since the award of custody was originally made.