Co-Parenting Is Not A Zero-Sum Game

It is obvious to you that your ex-spouse is a loser, and it is probably obvious to your family and friends, too, but you do not have to prove it to the divorce court.  The family law courts of Alabama know that no one is perfect, and you do not have to worry that the court will deprive you of parenting time if you are anything less than a perfect angel.  It is in the best interest of children to have a stable relationship with both parents, even if the parents do not resemble what you see on parenting influencer content; for that matter, the influencers themselves are probably more like you and less like their on-screen personas once the devices stop recording.  You are still your children’s parent if you are crabby, anxious, sleep-deprived, or more religious than your ex.  For that matter, your ex deserves parenting time, too, even if your ex is not perfect.  The court will not take away your ex’s right to parenting time simply because your ex smokes weed during your parenting time, uses foul language when your children are present, or is dating someone you don’t like.  A Birmingham child custody lawyer can help you draft or modify a parenting plan, so the judge does not have to set a parenting plan that satisfies no one while you and your ex sling insults at each other across the courtroom.

You Don’t Have to Prove That Your Ex Is a Supervillain to Get Primary Physical Custody, Even If Your Ex Is a Supervillain

Alabama recognizes no fault divorce, but you can also still ask the court to grant you a divorce on grounds of adultery if your ex cheated.  Sometimes this strategy makes your divorce more complicated; for example, there is ambiguity in Alabama case law about whether adultery counts if it took place after the divorce filing.  It is better to tell the court that you are getting divorced just because; either way, you have the right to a fair share of marital property and parenting time.

Likewise, you can ask the court to award the majority of the parenting time for you simply because the child is used to relying on you for daily care and attending school close to your residence.  You don’t have to prove that your ex is a monster, even if your ex has done some monstrous things.  The court awarded a father primary physical custody of his son simply because he had a stable home environment; he would have still gotten this even if the child had not been in danger in the mother’s care.  The mother’s boyfriend was bad news.  He fled from police when they tried to pull him over while the child was in the car; the child sustained minor injuries, but the boyfriend went to jail.  The father would have still gotten primary physical custody if he had requested it just because.

Contact Peeples Law About Co-Parenting Disputes

A Birmingham family law attorney can help you if your ex-spouse’s new partner is bad enough to justify modifying your parenting plan.  Contact Peeples Law today to schedule a consultation.

Sources:

scholar.google.com/scholar_case?case=18184521935163878585&q=divorce+game&hl=en&as_sdt=4,61,62,64&as_ylo=2014&as_yhi=2024

scholar.google.com/scholar_case?case=3484567564460024920&q=divorce+game&hl=en&as_sdt=4,61,62,64&as_ylo=2014&as_yhi=2024