Divorce & Joint-Custody in Alabama

Posted by Steven D. Eversole | Sep 08, 2007 | 0 Comments

Joint Custody is preferred and deemed to be in the best interest of the child.  Alabama Code section 30-3-150 makes it state policy to encourage joint custody whenever both parents "have shown the ability to act in the best interests of their children." The court must consider joint custody, but is free to grant custody in any form it determines is in the best interest of the child.  The court looks to several factors when deciding to award joint custody: 

  • The court looks at the parents wishes regarding joint custody
  • The parents willingness and ability to work together and make decision in the best interest of the child
  • Ability of each parent to foster the child's love for their ex
  • Potential for any kind of abuse or kidnapping
  • Distance between parents and practical geographic implications of joint custody
  • 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.

****When both parents request joint custody, joint custody is presumed to be in the best alternative.  Thus, in Alabama, joint custody is required unless the court makes specific findings as to why it is not.  Check out this helpful guide listing some Alabama Divorce and Custody code sections ,as well as other valuable divorce and child custody resources.

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama


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