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Alabama Child Custody Laws

by Dixil T.

Alabama Child Custody Laws, Child Custody Laws in Alabama

What are the Alabama Child Custody Laws?

According to Child Custody Laws in Alabama, minor kids should have continuing and frequent contact with their parents who have demonstrated their skill to act in the kids’ best interests. Alabama Child Custody Laws also encourage the co-parents to share their responsibilities and rights of taking care of their kids after the marriage has got dissolved or they have legally separated. However, according to the Child Custody Law of the State, joint custody does not compulsorily signify equal physical custody.

In Alabama, a judge may award any Kind of Child Custody, which they feel should be in the child’s best interests. The state courts also consider the geographical, emotional, and mental proximity while choosing the guardian of the child.

Alabama Child Custody Laws
Joint Custody in Alabama

According to the Child Custody Laws of the State, there are two forms of joint custody. These are Joint Physical Custody and Joint Legal Custody.

  1. Joint Legal Custody

It is awarded wherein both parents have equal rights for making key decisions related to the kid like education and healthcare. It is a form of joint custody wherein while both parents enjoy equal responsibilities and rights, the court can appoint one of them to enjoy a sole capacity of making specific decisions that are in the best interest of their kid.

  1. Joint Physical Custody

It refers to an arrangement wherein both parents will enjoy scheduled contact with their kid and yet not essentially the equal proportion of the time. To decide this, the judge takes into account:

  1. a) Gender and age of the child.
  2. b) Wishes and well-being and safety of the child.
  3. c) The moral character of the parent and,
  4. d) Background of domestic violence if any.

Sole Custody In Alabama

  1. Sole Legal Custody

In comparison, this is a custody arrangement wherein one of the parents enjoy exclusive responsibilities and rights for making important decisions for the child.

  1. Sole Physical Custody

On the other hand, the court orders for sole physical custody when only one parent is awarded exclusive physical custody. The other parent will simply have visitation rights.

Treatment Towards Mothers in Alabama

Alabama Child Custody Laws have been put in place for making sure that children of broken families can avail the finest possible living conditions in the state. Previously, the courts gave preference to the mothers in matters related to child custody. However, at present, the custody laws in the state offer an equal opportunity to even the fathers to get custody of their kids in case the court believes that such an arrangement will lead to the maximum welfare for the child or children.

Child Custody Laws in Alabama
While ascertaining custody of the kids, The courts in the state of Alabama take into consideration a multitude of factors such as the child’s emotional requirements, age, and sex, educational considerations, parental preference of the child, as well as the testimony from witnesses in the court.

Preference for Joint Custody

The State Law prefers that the divorced parents of Alabama share their responsibilities towards the child equally as much as possible, The court does so as it believes that both parents of the child should be given the chance of maintaining and developing a meaningful association with their kid even though their marriage has ended.

Visitation in Alabama

Courts in Alabama enjoy discretion while deciding visitation rights between parents and their kids. It is possible for a state court to set up a visitation schedule between one or both parents even when both parents approved the policy of a no-visitation earlier.

Third-Party Custody in Alabama

There are some scenarios when a 3rd-party who may not be one of the biological parents of the kid makes an attempt to get custody. In such scenarios, the 3rd-party has to establish that the biological parents are unsuitable to rear the kid.


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