Alabama Child Custody Laws

Working out a child custody arrangement with your soon-to-be ex is difficult, especially when emotions run high. The court becomes involved if the parents cannot work out an agreement on custody of the child.

Child custody laws vary between states. Under Alabama law, family law judges have several options, including:

• Joint legal custody
• Joint physical custody
• Sole legal custody
• Sole physical custody

Judges in Alabama also recognize grandparents' visitation rights when determining custody.

This article offers an introduction to child custody laws in Alabama.

Types of Custody in Alabama

In Alabama, there are two types of custody arrangements: legal custody and physical custody. Legal custody involves the parent's right to decide on the child's upbringing. Physical custody is the day-to-day care of the minor children.

Some of the responsibilities of having legal custody include decisions about the following:

• Education
• Health care
• Religious training

The family law judge may award one parent sole legal custody, which means they will have all the decision-making authority. They can also grant the parents joint legal custody, which means they will share responsibility.

(Note: Judges rarely grant one parent sole legal custody. The courts prefer that children have a relationship with both parents, requiring their parents to work together to raise them.)

Physical custody is where the child lives and where the parent will provide the day-to-day care and supervision. With primary physical custody, the child lives predominantly with one parent. With joint physical custody, the child spends significant time living with both parents.

Even in cases where the court awards primary physical custody to one parent, the non-custodial parent still plays a substantial role in the child's life.

How Do Family Law Judges in Alabama Determine Custody?

Alabama courts make custody determinations based on the best interests of the child. The judge considers this more important than honoring the parents' wishes.

Judges will consider various factors when determining child custody, including:

• The child's age
• The child's health and the health of each parent
• The child's emotional ties with their parents
• Each parent's ability to care for the child

Sometimes, the judge will consider the child's preferences when determining physical custody. Unlike other states, Alabama law has no specific age limit for honoring the child's wishes. As long as the judge feels the child is mature enough to understand how custody will affect their life, they can take their preferences into account.

Alabama Custody Laws: At a Glance

Learn more about Alabama child custody laws in the chart below. See FindLaw's Child Custody section for more articles and resources.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a child custody attorney or conduct legal research to verify your state laws.

Alabama Custody Hearings

If you and your child's other parent can work out a fair custody arrangement, you will likely not have to go to court. But, if you disagree on child custody, you must attend a child custody hearing in family court.

This is a proceeding where a judge determines the custody arrangement that serves your child's best interests. During the hearing, both parents present evidence and testimony addressing custody issues.

Some of the issues the judge will address include:

• The child's safety
• The child's well-being
• The child's needs and the parent's ability to serve these needs
• The child's relationship with each parent
• The parents' home environments
• The child's preference

If there is an issue with domestic violence, the judge will ensure that their child custody order serves to protect the child best.

Parental Custody Interference and Kidnappings

In a perfect world, parents would honor the court's custody order and follow the custody arrangement. Unfortunately, there are times when parents are desperate to gain custody of their child. For example, one parent may get upset with the judge's ruling and take matters into their own hands.

It's not unusual to see parental custody interference in child custody disputes. One parent may purposely keep their kids later than they're supposed to. A parent may refuse to deliver their children to the other parent. In egregious cases, one parent may kidnap their minor child, leaving the other parent frantic and afraid.

According to Alabama's Criminal Code §13A-6-45(a), a parent commits the crime of "Interference with Custody" when they knowingly take or entice a child under 18 from their lawful parent or guardian. Interference with custody is a Class C felony in Alabama, punishable by 366 days to 10 years in prison.

According to Alabama's Criminal Code §13A-6-43, interference with custody does not rise to the level of kidnapping since the kidnapper is related to the victim. But, this behavior still falls under the above statute, and the courts will punish the parent accordingly.

Involved in a Custody Dispute? An Attorney Can Help

Custody issues can be challenging to resolve as they tend to be fraught with emotion. It's often best to involve a third party with knowledge of the law and experience brokering custody arrangements. Don't leave it up to chance. Seek legal advice from a local Alabama child custody attorney today.