Child Custody Laws in Alabama

Custody is decided by the best interest of the child. The court must consider joint custody in every case, looking at factors such as the parents' agreement, their ability to cooperate and make decisions together, their willingness to encourage the child's relationship with the other parent, any history of abuse or kidnapping, and how close the parents live to each other. If both parents ask for joint custody, it is presumed to be in the child's best interest. A finding of domestic or family violence creates a rebuttable presumption against giving custody to the abusive parent. State policy is that children should have frequent and continuing contact with both parents; joint custody does not necessarily mean equal time.

While a divorce is pending, the court may make orders about the children's custody as their safety and well-being require. Under the interstate custody law, an Alabama court has temporary emergency jurisdiction when the child is in Alabama and has been abandoned, or when emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the emergency order lasts only for a period the court sets so the person can get an order from that state.