Child custody laws in Alabama are codified by the legislature in the Code of Alabama, Title 30. These Alabama statutes set forth the types of custodial arrangement that are permissible and available in the state. In addition, the statutory provisions establish the standard utilized by Alabama courts to determine which parent should be granted legal and physical custody of a minor child.
Joint Custody Preference
Alabama law expresses a preference for parents to share as equally as practically possible in the custody of a child in a divorce case, according to Help Yourself Divorce. The theory is that both parents should be permitted the ability to develop and maintain meaningful relationships with their child despite the breakdown and termination of the marriage.
Best Interests of the Child
In determining a custody arrangement, a court in Alabama must focus on determining what is in the best interests of the child, pursuant to the Code of Alabama, Title 30. Alabama statutes set forth a variety of factors a court must consider in determining what custody arrangement is in the best interests of the child. These factors include the prudence of the parents as well as their moral character. Other considerations include the age and sex of the child, and the overall physical and mental health of the child and the parents.
Joint Custody
Pursuant to the statutes of Alabama, a court can order joint legal and joint physical custody in a case. Joint legal custody means that both parents share equally in making major life decisions for a child. Major life decisions include those associated with health care, religion and eduction.
Joint physical custody in Alabama does not mean that both parents have physical custody of a child an equal amount of time, according to Help Yourself Divorce. Rather, joint physical custody means that both parents enjoy frequent and substantial connection with a child.
Sole Custody
Upon ordering sole legal custody, a court permits only one parent to make major life decisions for a child. Similarly, if a court orders sole physical custody, one parent maintains exclusively physical custody of a child. However, the other parent--called the non-custodial parent--normally is entitled to visitation with the child.
Legal Representation
Custody cases are challenging legal proceedings. Facing a custody case in the state of Alabama, consider engaging the services of an experienced divorce lawyer. The Alabama State Bar provides consumers a directory of attorneys who practice in different areas of the law, including family and divorce law. Contact the organization at:
Alabama State Bar
415 Dexter Ave.
Montgomery, AL 36104
334-269-1515
alabar.org
