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

What is a PFA?

A “Protection Order”, sometimes referred to as a “Restraining Order”, is a court order issued under the Protection from Abuse Act (PFA) which provides limited protection for people who have been physically abused. It can be sought against a victim’s spouse, former spouse, common-law or former common-law spouse, person with whom the victim has or had a dating relationship, person with whom the victim has a child, a parent, step-parent, step-child, grandparent, step-grandparent, grandchild, or step-grandchild or a present or former household member.

A dating relationship means a recent, frequent, intimate association, primarily characterized by the expectation of affectionate or sexual involvement within the last 6 months. A dating relationship does not include a casual or business relationship. A household member is defined as a person maintaining or having maintained a living arrangement with the defendant where he or she is in, or was engaged in, a romantic or sexual relationship.

Generally, Protection Orders may be issued only if there have been one or more recent acts of abuse or threatened abuse. It may be possible that your petition could be dismissed if you claim that the abuse or threat occurred many months ago, or if you only think that something might happen in the future. A Protection order may be sought by the victim, if 19 years of age or older, or by a legally responsible person on behalf of a minor or incapacitated adult. While it is not necessary to have the assistance of an attorney, obtaining a Protection Order can have significant legal consequences, especially involving issues such as custody of children and property division. It is recommended that the plaintiff seek legal counsel to assist in this matter. The victim’s home or work address, phone number, or other related information is kept confidential. If you are 60 or older, you may request PETITION FOR ELDER ABUSE PROTECTION ORDER. The relationships are broader, and it may apply to your situation. The link provided on this web page.

Who is covered by a PFA?

Persons covered by a Protection Order include the victim, minor children of the victim, and designated household or family members. If the victim lives in Alabama, even if he or she has just moved here, he or she can petition the court for a Protection Order. A Protection Order is effective throughout the State as well as other states. Also, any Protection Order issued by the court of another State can be enforced. It is encouraged that you contact that court to make sure the Protective Order has been uploaded to the National Crime Information System (NCIC) and also have a certified copy of your order from that State to keep with you. You may contact the local Crisis Services Advocate at 256-337-3670.

What can a Protection Order include?

After the Petition is filed, the Judge must decide whether to issue a temporary Protection Order, also known as an Ex Parte Order, based on the Petition. This temporary Protection Order may be issued by the Judge without notice to the defendant. The courts must have a valid address for the defendant to be served with the temporary Protection Order and hearing date. If the temporary Protection Order is issued, it may include some or all the following:
1) Restrain the defendant from committing or threatening to commit acts of abuse, or from harassing annoying, telephoning, contacting, or otherwise communicating directly or indirectly with the victim, victim’s minor children, or any other designated person.
2) Order the defendant to stay away from the victim’s residence or place of work, school or day care or any other specific place frequented by the victim or victim’s minor children or by any other designated person.
3) Award the victim temporary custody of any minor children and restrain the abuser from removing the children from the victim’s custody. The order may be used to require law enforcement to accompany the victim to get the children to protect the victim or the children from harm.
4) Remove the defendant from the residence, regardless of ownership of the residence.
5) Prohibit the defendant from selling, disposing, destroying, hiding, or mortgaging mutually owned or leased real estate or personal property.
6) Order other relief as necessary to provide for the safety and protection of the victim, victim’s minor children and other designated persons.

WHILE THE ABOVE RELIEF IS AVAILABLE, THE COURT IS NOT REQUIRED TO ORDER ALL RELIEF IN EACH CASE. WHETHER THE JUDGE ENTERS AN ORDER, AND WHAT IS INCLUDED IN THE ORDER, WILL DEPEND UPON THE FACTS AND CIRCUMSTANCES OF EACH CASE. EVEN WITH A PROTECTION ORDER, THE VICTIM MAY STILL NEED TO FIND A SAFE PLACE TO LIVE. IF THE DEFENDANT VIOLATES THE TERMS OF THE PROTECTION ORDER, THE DEFENDANT MAY BE ARRESTED AND BROUGHT TO THE COURT.

Where can I get a PFA?

Protection Orders may be obtained in the Family Division of the Circuit Clerk which is located on the Third Floor of the Morgan County Courthouse. The plaintiff must ask the court for a Protection Order either in the county where the victim lives or in the county where the victim has temporarily relocated to avoid further abuse. If there is a pending case, then the plaintiff must file for protection in the county in which the case is pending. It is recommended that the plaintiff file in the county in which the victim resides, if possible.

How can I ask the court for a Protection Order?

Standard court forms (Petitions) must be filed with the clerk to ask for a Protection Order. These forms are available in the clerk’s office in each county courthouse or by using the link provided on this web page. The completed Petition should be taken to the clerk’s office. The Judge may or may not issue a temporary Protection Order and set a date for a hearing. If any temporary orders are signed by the Judge, they are good only until the final hearing unless otherwise extended by the Judge. They are not permanent orders.

What happens after the Judge signs the Ex Parte Order (temporary order)?

After the Judge signs a temporary Protection Order, a date is set for a court hearing. The clerk’s office will give a copy of the signed temporary order, petition, and notice of the hearing date to the Sheriff’s Office. The Sheriff’s Office will attempt to serve copies of these papers on the defendant. The plaintiff should ensure that the sheriff has the correct physical address of the defendant’s home and/or work. Other helpful information for the Sheriff’s Office could include a physical description, vehicle description, tag number, etc. It is necessary that the defendant be served with the court order before the court date. If not, the hearing may be postponed because the Judge cannot take testimony from the plaintiff or a witness until the defendant is officially served. The plaintiff/victim must appear for the hearing.

What happens at court?

The defendant may appear and be represented by an attorney. If the plaintiff does not have an attorney, the plaintiff should be prepared to proceed without one. Attorneys are not appointed in Protection from Abuse cases. What happens if the defendant violates the PFA? Violations of a Protection Order may be punished as contempt of court and may be charged as a Class A misdemeanor for which the defendant/offender may be arrested with or without a warrant. A Class A misdemeanor is punishable by up to a year in jail, and a fine up to $2,000.00.

If I do not completely understand this procedure, where can I get additional help?

While the plaintiff is not required to have the assistance of an attorney, obtaining a Protection Order can have significant legal consequences, especially involving issues such as custody of children and property division. The Alabama State Bar Referral Service is available at 1-800-392-5660. This service can provide names and phone numbers of attorneys who practice in domestic relations. If the plaintiff cannot afford an attorney, the nearest Volunteer Lawyers Program or Legal Services Office may be contacted.

Volunteer Lawyers Program
Monday, Tuesday, Thursday, and Friday
8:30 am – 11:30 am & 1:30 pm – 3:30 pm
Wednesday: 8:30 am – 11:30 am
Toll free number- 888-857-8571

 Legal Services of North Alabama
Monday – Friday 8:30 am - 4:30 pm
888-835-3505 Español
256-536-9645
610 Airport Rd SW, Suite 200
Huntsville, AL 35802

Although a Protection Order can be an important tool in helping the police and the courts discourage domestic violence, it is a judicial order and not a shield which will stop bullets, knives, or fists. Often when a defendant first gets a Protection Order served on him/her, they may seek to increase the pressure, threats, and violence. It may be necessary for the victim to seek shelter or a safe place or call the police. A local domestic violence shelter is available to help in developing a safety plan and in planning to leave a violent relationship. Crisis Services of North Alabama offers assistance through Hope Place. A phone call to the 24-hour crisis line number can make a difference and will connect you to the shelter program in their area. For immediate assistance, please call 256-716-1000.