FAMILY LAW FAQ'S 

1. If I lose custody of my children, will I be considered "unfit"?
   
   No.  It is not a requirement in Alabama that the losing party in a custody dispute be declared unfit before custody can be granted to the opposing party.  In most cases, the court simply determines which party is "most qualified" to be the custodial parent.  The difficult cases are those where both parties are equally qualified.  In those situations, the parties should always try to settle the dispute using some type of shared or joint custody.
   
2. Can my child tell the judge who he/she wants to live with?
   
   It depends.  Although the judge may consider the child's wishes as to which parent he/she wants to live with, such desire is NOT a controlling factor.  Additonally, the child must be of sufficient age and maturity to make such a choice.  
    
3. If I commit adultery, will I automatically lose custody of my children?
   
   In and of itself, adultery is not an absolute bar to receiving custody.  However, it is a consideration.  To be sufficient to justify depriving the guilty parent of custody, the adultery must have had a detrimental effect on the child.  For example, if a spouse demonstrates more interest in personal pleasure and social activities than in the child's moral development, evidenced by sleeping with, or otherwise entertaining, their boyfriend/girlfriend with the child present, it is likely the court will find grounds for depriving that parent of custody.  On the other hand, where a spouse has committed adultery but has otherwise attended properly to the child's health, welfare and safety, it is not inappropriate to award that parent custody of the child.
      
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