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Who Gets Child Custody in Alabama?
Section30-3-1: Custody and education of children upon grant of divorce; custody of children where wife abandons husband.
Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, he shall have the custody of the children after they are seven years of age, if he is a suitable person to have such charge.
(Code 1852, §1977; Code 1867, §2367; Code 1876, §2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940, T. 34, §35.)
Section 30-3-2: Custody and education of children upon voluntary separation of husband and wife.
(a) In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days' notice thereof being given to the other, to permit either the father or mother to have the custody and control of the children and to superintend and direct their education, having regard to the prudence, ability and fitness of the parents, and the age and sex of the children.
(b) Upon the hearing of the motion, witnesses may be examined orally or testimony may be taken as in other civil actions. While the application is pending, the court may direct an injunction or make any order that the safety and well-being of the wife or children may require.
(Code 1852, §§2006, 2007; Code 1867, §§2397, 2398; Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907, §§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79, 80.)
Alabama Child Custody Laws: Joint Custody
Section 30-3-150. State policy.
Joint Custody. - It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody.
(Acts 1996, No. 96-520, p. 666, §1.)
Section 30-3-151. Alabama Child Custody Laws: Definitions.
For the purposes of this article the following words shall have the following meanings:
(1) JOINT CUSTODY. Joint legal custody and joint physical custody.
(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.
(4) SOLE LEGAL CUSTODY. One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.
(5) SOLE PHYSICAL CUSTODY. One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.
(Acts 1996, No. 96-520, p. 666, §2.)
Section 30-3-152. Alabama Child Custody Laws: Factors considered; order without both parents' consent; presumption where both parents request joint custody
(a) The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors:
(1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions jointly.
(3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.
(4) Any history of or potential for child abuse, spouse abuse, or kidnapping.
(5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.
(b) The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.
(c) If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Joint custody shall be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted.
(Acts 1996, No. 96-520, p. 666, §3.)
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Alabama Child Custody Laws: Alabama Family Code
SECTIONS IN THE ALABAMA FAMILY CODE: ALABAMA CHILD CUSTODY LAWS
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Article 1 General Provisions.
Custody and education of children upon, Grandparent visitation, Venue of all proceedings seeking modification of child custody, visitation rights or child support, Venue of all proceedings seeking modification of child custody, visitation rights or child support, Bond, security, or other guarantee to secure payment of overdue support or compliance with visitation order, Rebate of interest on delinquent child support payments, Publication of delinquent obligor lists |
Section 30-3-1
through
Section 30-3-8 |
Article 2 Uniform Child Custody Jurisdiction Act.
Short title, Purposes of article; construction of provisions, Definitions, Jurisdiction to make child custody determination; effect of physical presence of child, Notice and opportunity to be heard, Notice to persons outside this state; proof of service; submission to jurisdiction, Simultaneous proceedings in other states, Inconvenient forum; communication between courts; payment of expenses, Jurisdiction declined by reason of conduct; expenses, Information under oath to be submitted to court; continuing duty to inform, Additional parties, Appearance of parties and child; notice; expenses, Binding force and res judicata effect of custody decree, Recognition and enforcement of out-of-state custody decrees, Modification of custody decree of another state, Filing and enforcement of custody decree of another state; expenses, Registry of out-of-state custody decrees and proceedings, Certified copies of custody decree, Taking testimony in another state, Hearings and studies in another state; orders to appear, Assistance to courts of other states, Preservation of documents for use in other states, Request for court records of another state, International application, Priority. |
Section 30-3-20
through
Section 30-3-44 |
Article 3 Withholding Orders for Child Support.
Definitions, Withholding order required in child support orders; employer to withhold support from income due and pay to designee; income withholding order issued by another state; when order served on employer; delinquency of support payments, Who may petition for withholding order; withholding on existing support orders; filing with clerk; service; hearing; issuance of order; contents; when order takes effect; entry of support and withholding orders by different courts; termination of withholding, Filing fees and costs, Employer's answer; order binding on employer; modification by court, Obligee to give notice of change of address; termination of order when unable to deliver payments due to no notice of address, Obligor and employer to give notice of change of employment or termination of income; service of order on new employer; cost of service, Withholding orders to have priority over garnishments or any other legal process against the same income; maximum withholding allowable, Employers who comply not liable for wrongful withholding, Liability of employers who fail to answer or fail or refuse to withhold, Employers not to discharge or refuse to hire person due to withholding order, Employer authorized to deduct fee for expenses. |
Section 30-3-60
through
Section 30-3-71 |
Article 4 Interstate Income Withholding Act.
(Repealed effective January 1, 2000) Purpose; short title, (Repealed effective January 1, 2000) Definitions, (Repealed effective January 1, 2000) Remedy additional to those now existing, (Repealed effective January 1, 2000) Petition for enforcement of another state's support order - Documents filed with clerk; service on obligor; hearing; withholding by court of this state, (Repealed effective January 1, 2000) Petition for enforcement of another state's support order - Prima facie case; defenses; evidence; choice of laws, (Repealed effective January 1, 2000) Adoption of other state's support order for purposes of income withholding; entry of income withholding order; applicability of Sections 30-3-64 and 30-3-66 through 30-3-71; transmittal of payments of support order, (Repealed effective January 1, 2000) Amendment of withholding order upon amendment of support order; notification of agency which requested withholding when obligor obtains employment or other income in another state, (Repealed effective January 1, 2000) Docket fees; court costs, (Repealed effective January 1, 2000) Voluntary income withholding, (Repealed effective January 1, 2000) Petition for adoption of support order in another jurisdiction for purpose of obtaining withholding; request by another state for evidence from person in this state. |
Section 30-3-90
through
Section 30-3-93 |
Article 5 Order of Retroactive Support.
Civil action for order of retroactive support, Commencement of action prior to child reaching age of majority, Filing of action in juvenile or family court division, Marital status of non-supporting parent irrelevant, Amount, Additional right. |
Section 30-3-110
through
Section 30-3-115 |
Article 6 Custody and Domestic or Family Abuse.
Definitions, Determination raises rebuttable presumption that custody with perpetrator detrimental to child, Factors court must consider, Determination raises rebuttable presumption that child reside with parent not perpetrator, Finding of domestic violence constitutes change in circumstances, Visitation by parent who committed violence, Construction of provisions. |
Section 30-3-130
through
Section 30-3-136 |
Article 7 Joint Custody.
State policy, Definitions, Factors considered; order without both parents' consent; presumption where both parents request joint custody, Implementation; required provisions; plan set by court, Availability of records to both parents, Determination of child support, Interference with custody or violation of Chapter 3B, Construction of article with respect to existing orders. |
Section 30-3-150
through
Section 30-3-157 |
Article 7A Alabama Parent-Child Relationship Protection Act.
Short title, Definitions, Applicability, Change of principal residence - Child, Change of principal residence - Custodial party, persons with visitation rights, Notice, Language required in child custody determination, Disclosure exceptions, Failure to give notice, Objection to change of principal residence, Proceedings, Court order, Change of custody, Burden of proof, Obstructions to custody or visitation, Sanctions, Change of principal residence raised in conjunction with other petition, Award of expenses, Change of principal residence outside state, Appeal. |
Section 30-3-160
through
Section 30-3-169.10 |
Article 8 Driver's License Suspension or Revocation for Failure To Pay Support Payments.
Definitions, Issuance of notice to withhold, etc., license, Request for hearing; purpose of hearing; notification of decision; appeal; suspension of license, Multiple delinquencies; revocation of license, Implementation by licensing authority of withholding, etc.; additional review precluded; continuation of withholding, etc.; exemption of licensing authority from liability, Reinstatement of withheld, etc., license; obtaining new license after revocationFees and costs, Contempt petition; applicability of article to obligors who failed to follow previous orders, Applicability of article to courts and agencies of other states and United States, Legislative intent. |
Section 30-3-170
through
Section 30-3-179 |
Article 9 ALABAMA CHILD SUPPORT REFORM ACT OF 1997.
Short title, Definitions, Data match system; accounts encumbered or surrendered; reasonable fees; liability; disclosure of financial records; penalties, Requests for information by the state Title IV-D agency, Issuance or renewal of license, etc.; Social Security number requirements, State Disbursement Unit, State Case Registry, Authorized actions; safeguards, Notice of lien, Establishment and enforcement of confidential information rules and regulations, Liability for disclosure of information. |
Section 30-3-190
through
Section 30-3-200 |
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Click Here for Alabama Family Code
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How Can I Get Alabama Child Custody Help? |
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| Phone Coaching |
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The phone coaching sessions are designed so you can have a fast, efficient, and economical way of scheduling a coaching session to discuss your child custody, child custody evaluation, and/or divorce related matter via telephone in the comfort and privacy of your own home. Phone coaching is flexible and allows you the opportunity to request an appointment before work, after work, or on a weekend or at any time that is convenient for you. The phone coaching session can often be scheduled and take place the same day payment is made and forms are received for those seeking immediate coaching. For full details about fees and how to get started click here.
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| In-Person Coaching |
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The in-person coaching sessions are designed for parents who prefer face-to-face meetings and are held in Orange County California. Southern California residents in Orange County, Los Angeles, Ventura, Long Beach, Riverside, San Bernardino, and San Diego will often request to discuss their matters with me in-person. In-person coaching sessions are held in the Mission Viejo area or Costa Mesa area in South Orange County California and are an option made available to persons who can travel to one of these two locations. For full details about fees and how to get started click here.
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| Monthly Coaching |
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Monthly coaching is designed to provide ongoing coaching and support throughout the month and provides for an economical way of receiving such support on matters such as divorce, child custody, move-aways, post-judgment modifications, child custody evaluations, etc. Fees are known up front so there are no surprises. This also allows you to choose the plan that is right for you and also works within your budget. Weekly coaching sessions and email communications allow you to discuss your child custody matters, developments, and results regularly throughout the month. For full details on fees and how to get started click here.
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