Child Visitation Schedule

VISITATION SCHEDULE Effective 8/2000 (as revised 5/14/2012)

In the absence of agreement between the parties concerning visitation, the non-custodial parent shall, at a minimum, be entitled to visit with the child(ren) away from the custodial parent’s residence as follows:

1. The first (1st) and third (3rd) weekends of each month, from Friday when school is dismissed or 4:00 p.m. if school is not in session, until the following Monday when the child(ren) return to school or 8:00 a.m. if school is not in session. The first weekend is defined as beginning on the first Friday of each month.
2. Each week, from Tuesday when school is dismissed or 4:00 p.m. if school is not in session, until Wednesday when the child(ren) return to school or 8:00 a.m. if school is not in session.
3. Each June, from the first (1st) Friday of that month at 4:00 p.m. until the third (3rd) Friday of that month, at 8:00 a.m. The custodial parent shall have no visitation with the child(ren) during this period, but shall have reasonable telephone contact. During each June, the non-custodial parent shall have no other visitation with the child(ren).
4. Each July, from the second (2nd) Friday of that month at 4:00 p.m. until the fourth (4th) Friday of that month, at 8:00 a.m. The custodial parent shall have no visitation with the child(ren) during this period, but shall have reasonable telephone contact. During each July, the non-custodial parent shall have no visitation during the first weekend or any weekday visit prior to the second Friday of that month.
5. Each spring school break from Wednesday at 6:00 p.m. until the following Monday when the child(ren) are due back at school. This visit shall take effect at the first spring school break after the child turns five (5) years old. If there is more than one child, this visit shall take place after the oldest child turns five (5) years and shall apply to all children regardless of their ages. If the Friday when school recesses for spring break begins a weekend when the non-custodial parent is scheduled for a weekend visit with the child(ren) as provided in Paragraph 1 above, then the non-custodial parent’s weekend visit shall not take place. Also, if during spring break the non-custodial parent is scheduled for a weekday visit as provided in Paragraph 2 above, then the non-custodial parent’s weekday visit shall not take place.
6. In years ending with an odd number:
   a) Easter Sunday from at 8:00 a.m. until Monday when the child(ren) are due back at school or 8:00 a.m. if school is not in session.
   b) Labor Day from at 8:00 a.m. until Tuesday when the child(ren) return to school or 8:00 a.m. if school is not in session.
   c) In years ending with an even number, the child(ren) shall be with the custodial parent for the holidays/ special occasions listed above in this Paragraph 6.
7. In years ending with an even number:
   a) Memorial Day from at 8:00 a.m. until Tuesday when the child(ren) return to school or 8:00 a.m. if school is not in session.
   b) July 4th from 8:00 a.m. until the next day at 8:00 a.m.
   c) The child’s birthday from 1:00 p.m. or when school is dismissed for the day until the next day when he/she returns to school or 8:00 a.m. if school is not in session.
   d) In years ending with an odd number, the child(ren) shall be with the custodial parent for the holidays/ special occasions listed above in this Paragraph 7.
8. On Thanksgiving Day from 2:00 p.m. until the next day at 9:00 a.m., except that the child(ren) shall remain with the non-custodial parent if he/she is scheduled to have a regular weekend visit that begins on the Friday after Thanksgiving Day.
9. During Christmas holidays in years ending with an even number, from the day and time that school turns out until December 25th at 11:00 a.m. During even numbered years, the child(ren) shall be with the custodial parent from 11:00 a.m. on December 25th until the non-custodial parent’s next weekend or weekday visit following January 2nd. In years ending with an odd number, the child(ren) shall be with the non-custodial parent from December 25th at 11:00 a.m. until January 2 at 8:00 a.m. During odd numbered years, the child(ren) shall remain with the custodial parent from the day and time when school turns out for the Christmas holidays until December 25th at 11:00 a.m.
10. The child(ren) shall be with his/her/their father on Father’s Day each year from 8:00 a.m. until the next day when school resumes or until 8:00 a.m. if school is not in session. The child(ren) shall be with his/her/their mother on Mother’s Day each year during the same hours.
11. The non-custodial parent’s holiday/special occasion visits specified in Paragraphs 6 and 7 above shall take place regardless if the holiday/special occasion (a) immediately precedes or follows a normal alternate weekend or weekday for the child(ren) to be with the non-custodial parent or (b) occurs during a weekend or other period when the child(ren) ordinarily would be with the custodial parent. The same rule shall apply to the holidays/special occasions when the child(ren) is/are to be with the custodial parent in accordance with paragraphs 6 and 7 above.

Divorce

For Local Questions, call 256-351-4790

Court Cost for filing of Divorce is $236.00 (Uncontested) or $253.00 (Contested), payable only by cash, money order or cashier's check. Filing Fees are non-refundable.

Uncontested Divorce Case with Children

1. Complaint
2. Answer, Waiver and Agreement for Taking Testimony
3. Testimony of Plaintiff (must be notarized)
4. Affidavit of Residency (of a third party and must be notarized
5. Divorce Decree
6. Separation Agreement (only the original of the separation agreement)
7. ** Child Support Information Sheet (form CS-47)
8. ** Vital Statistics Form (Certificate of Divorce)

Requirements If You Have Minor Children

If you have minor children, you must have the following:

1. Child Support Obligation Income Statement/Affidavit (both parties)
2. Child Support Guideline Form
3. Child Support Guideline Notice of Compliance
4. Withholding Order Payment of Child Support

Effective January 1, 1994, when any order of Child Support is entered, the Withholding Order payment of Child Support shall be served immediately, unless the parties have reached an alternative agreement and the judge approves such agreement. The following forms must be completed and filed when the Withholding Order payment of child support is served immediately:

1. Notice to Defendant
2. Instructions for Employer
3. Answer to Order of Withholding
4. Order of Service and Return

Service fee for a Withholding Order is $28 by sheriff or $6.96 by certified mail.

Uncontested Divorce Case Without Children

1. Complaint
2. Answer, Waiver and Agreement for Taking Testimony
3. Testimony of Plaintiff (must be notarized)
4. Affidavit of Residency (of a Third Party and must be notarized)
5. Divorce Decree
6. Separation Agreement (original and 2 copies)
7. ** Child Support Information Sheet (form CS-47) (See link below)
8. ** Vital Statistics Form (Certificate of Divorce)

Filing Fees

The Court Cost for filing for Divorce is payable only by cash, money order or cashier's check. Filing Fees are non-refundable.

For Local Questions, call 256-351-4722.

FORM CS-47 Child Support Information Sheet

Eforms.alacourt.gov
Link to Alabama Administrative Office of Courts E-forms
You may find the form(s) you need here.

Domestic Violence

INFORMATION ABOUT FILING A PETITION FOR PROTECTION FROM ABUSE

 If you are about to file a Petition for Protection from Abuse and do not have a lawyer representing you, please carefully read the following:

1. To obtain a Protection Order, you must state briefly in your Petition and be prepared to prove the date, time, place and circumstances of any recent act of abuse which was committed against you or the person for whom you are filing the Petition. The Judge may dismiss your Petition if it does not provide this basic detailed information.
2. After you file your Petition, a judge will enter an order. Please read your order carefully. It may direct you to provide more information. If the judge does an Ex Parte Order (Emergency Temporary Order), it will include a court date and a Deputy Sheriff must deliver it to the person who committed the abuse. Until it is delivered, the Judge cannot hold a hearing on the Petition. For this reason, be sure to give the Circuit Court Clerk one or more accurate addresses or directions where the Petition can be delivered.
3. If you are married, filing a Petition for Protection from Abuse will not get you divorced. Also, if the primary purpose of your Petition is to request a division of property between you and someone else, then your request is not likely to be granted.
4. The Judge cannot grant you a Protection Order if your complaint about the person named in your Petition is that he or she merely argues, fusses, fails to provide financial support for you or your child(ren), makes vague non-violent threats (such as threatening to leave you, to take your property, to make false statements to others about you, to not pay the bills, etc.), drinks too much, takes illegal drugs, tries to control you, is jealous or possessive, is mentally ill, will not take prescribed medication and the like.
5. If you ask for your Petition to be dismissed or you fail to show up for the hearing set on the Petition, then any emergency Protection Order issued by the Judge will be set aside and will be no longer in effect.
6. At the hearing set on your Petition, you must have any witnesses, record, photographs and other materials in court if you believe they are necessary to prove that you or the person for whom you are filing the Petition was abused. The Clerk can explain what is required for you have a witness subpoenaed to court at no cost.
7. If the Judge hears the evidence at the hearing set on your Petition and is not satisfied from the evidence that one or more of the acts of abuse occurred, then your Petition may be dismissed.

Neither the clerk nor members of a judge's staff can provide assistance in completing the forms. They are not permitted to give legal advice. An attorney may be sought for assistance, or the plaintiff may contact the nearest domestic violence shelter.

Call 1-800-650-6522 for immediate, 24-hour access to the shelter program in your area.

Crisis Services of North Alabama: 256-716-1000 (24 hours a day) or 256-716-4052 (office)

Morgan County: 256-337-3670             www.csna.org

A Protection From Abuse may not fix the problem. Although a Protection Order can be an important tool in helping the police and courts to discourage abuse, IT MAY NOT COMPLETELY STOP THE DEFENDANT FROM TRYING TO HURT THE VICTIM. If you feel you are in danger, contact the police.

PROTECTION/ELDER PROTECTION FROM ABUSE FORMS

Protection From Abuse Info and Forms

To download the Protection from Abuse Info and Forms, CLICK HERE.
NOTE: To view and download these forms requires Adobe Acrobat Reader.

Elder Protection From Abuse Forms

To download the Elder Protection from Abuse Info and Forms, CLICK HERE.
NOTE: To view and download these forms requires Adobe Acrobat Reader.

Protection From Abuse Form (5 pages)

To download a fillable version of the Protection from Abuse Form, CLICK HERE.
NOTE: To view and download this form requires Adobe Acrobat Reader. This link takes you to the Alabama Administrative Office of Courts E-Forms page where you can access this and other "fillable" forms.