Photo of attorneys Nicholas A. Jones and Alyssa L. Hawkins

Partners in Criminal Defense

Serving Central Alabama
Photo of attorneys Nicholas A Jones and Alyssa L Hawkins

State Supreme Court cites father’s parental fitness in ruling

Many people in Montgomery go into their divorce proceedings believing that they know what to expect when it comes to common issues such as child custody. They are often shocked to discover not only are the laws regulating such matters incredibly complex, but that also their individual cases remain extremely fluid.

Indeed, as circumstances changes in the lives of both parents and children that are subject to child custody arrangements, the need to modify such agreements may also arise. Such modifications can often present even greater challenges and struggles than even a couple’s initial custody proceedings.

Ruling issued in man’s attempt to gain visitation of fiancee’s daughter.

A recent custody dispute in Texas illustrates this point. According to the online periodical Texas Lawyer, a local man recently filed a motion seeking visitation of his fiancee’s daughter following the woman’s sudden death in a car accident. The court hearing his case initially ruled in his favor, prompting the girl’s biological father (who gained sole custody of her following her mother’s death) to appeal that decision.

Upon hearing the case, the state Supreme Court overturned the earlier ruling. While the lower court determined that it would be in the girl’s best interest to retain contact with her mothers’ former fiancee, the higher court ruled that since her father had proven to be a fit parent, his presence in her life superseded any outside perception of her interests.

Overcoming the complexities inherent with custody matters

This case serves as an example of exactly how complicated a custody dispute can become. Those unfamiliar with local child custody statutes may find themselves at a disadvantage when arguing such an issue. Fortunately, an experienced family law attorney may help to compensate for that lack of understanding.

FindLaw Network