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Alabama Child Custody


The Alabama divorce courts will determine child custody by what's in the best interest of the child. This is a key legal standard most states use when setting child custody but the divorce court's interpretation of the best interest of the child varies from state to state.

According to state divorce laws, the Alabama divorce court considers:

  • Moral character of the parent
  • Age and sex of the child
  • Child's wishes
  • Safety and well-being of the child

Typically, divorce courts like to assign joint child custody so the child can continue to have frequent contact and a lasting relationship with both parents.

Protect your relationship with your child during divorce.

Joint child custody also encourages the parents to share in the rights and responsibilities of raising a child after filing for divorce. If the Alabama divorce court assigns joint custody, that doesn't necessarily mean equal physical child custody.

In Alabama, if the parents agree to joint child custody, the divorce court will presume that it's in the best interest of the child. The Alabama divorce court can order joint child custody, even if both parents don't consent.

Parents must also submit a parenting plan that details considerations of care and custody, such as:

  • Care and education of the child
  • The child's medical and dental care
  • Holiday and vacation custody
  • Child support
  • Other factors that affect the physical and emotional health and well-being of the child
  • Designating a parent with authority to make decisions about the child's involvement in activities and medical care

Working out a parenting plan with your spouse can add stress to the divorce process because it will require the two of you working together. With help from a local Alabama divorce lawyer, you can work through negotiating a parenting plan with your spouse.

Learn what's important to include in your parenting plan so you can protect your relationship with your child. Connect today by filling out an Alabama divorce case review form or calling 877-349-1310.

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The above synopsis of Alabama divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Alabama divorce lawyer in your area.

Alabama divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.