Child custody laws in Alabama can be found in the Alabama Code Section 30-3. These statutory provisions establish the types of custodial schemes available in Alabama, including joint and sole custody arrangements. Child custody arrangements can be negotiated by the parents or ordered by the court presiding over a divorce, legal separation or paternity case.
Joint Legal Custody
Joint legal custody pursuant to Alabama law exists when both parents share equal rights and responsibilities for making major life decisions on behalf of a minor child, according to Help Yourself Divorce. Major life decisions include such issues as education, health care and religion. Alabama law allows a judge to permit one parent to make certain decisions while other matters are left to both parents jointly.
Sole Legal Custody
A sole legal custody order in Alabama grants to only one parent the ability to make major decisions on behalf of the child, according to Help Yourself Divorce. Sole legal custody is ordered by a court in situations in which one parent is unavailable or unable to effectively share in the decision-making process.
Joint Physical Custody
Joint physical custody establishes a residential plan through which the child enjoys regular contact with both of her parents, according to Alabama Code Section 30-3. Although joint physical custody does not mean each parent enjoys equal time with the child, both parents do spend what the statute describes as substantial time with her. A court determines what constitutes substantial time on a case-by-case basis.
Sole Physical Custody
Sole physical custody in Alabama involves a custodial plan or order through which only one parent provides a legal residence for the child, according to Help Yourself Divorce. The non-custodial parent typically partakes in visitation with the child.
Legal Assistance
Child custody law and related court procedures are complex. Finding yourself involved in such a case, seriously consider engaging the services of an experienced lawyer. The Alabama State Bar maintains a directory of lawyers who specialize in divorce matters, including child custody disputes and cases. Contact the organization at:
Alabama State Bar
415 Dexter Ave.
Montgomery, AL 36104
334-269-1515
alabar.org
