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Alabama Child Custody Laws

In Alabama child custody may be awarded to either parent. In determining child custody, an Alabama Court must consider joint custody but may award any form of custody that the Court feels is in the best interests of the child. Joint custody in Alabama does not mean equal physical custody. Factors to be considered in determining if joint custody is appropriate are as follows:

• an agreement between the parties on child custody;

• the parties ability to cooperate;

• the parties ability to encourage love and sharing;

• any history of abuse in the marriage; and

• the geographic proximity of parents.

In determining physical custody, an Alabama Court must consider the following factors:

• the age and gender of the child;

• the safety and well-being of the child;

• and the moral character of the parents;

• the wishes of the child and

• domestic violence.

There is a legal presumption against giving child custody to any person who has physically abused either the child or the other spouse. An Alabama Court may not consider the fact that a parent or spouse has relocated to avoid abuse in determining custody.

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