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Alabama courts prefer to award joint custody and the court will consider a joint custody arrangement in every case. The most common custody arrangement is joint custody. … Most divorce decrees in Alabama grant the parties “joint legal custody” with one parent having “primary physical custody.” This means that the children primarily live with one parent, but both parents have equal authority when it comes to decisions involving the children. In Alabama, it is possible to be awarded either sole legal custody or joint legal custody. (c) If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Legal custody refers to which parent has decision-making responsibilities for the child, while physical custody refers to where the child lives. Being separated from a child is often a parent’s worst nightmare. Joint legal custody and joint physical custody. Child custody cases in Alabama can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. This article shall not be construed as grounds for modification of an existing order. Don’t Want to Pay Support for Adult Children? The Alabama Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child—including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are decided. ... Joint Custody Joint legal custody and joint physical custody. Joint Custody. Maybe you don’t have custody of your child, but you want to have custody or at least joint custody with the other parent. Joint legal implies that both parents have the same rights when making important decisions in a child's life, including education and health care. We read every comment! The fact that joint custody has been awarded to both parents shall not preclude a court from finding that one parent has committed the crime of interference with custody as provided in Section 13A-6-45, or has violated the Uniform Child Custody Jurisdiction Act as provided in Article 2 (commencing with Section 30-3-20) of Chapter 3 of this title. Joint Custody in Alabama. Alabama’s joint custody statute runs from Ala. Code 30-30-150 through 30-3-157: 30-3-150. (2) The past and present ability of the parents to cooperate with each other and make decisions jointly. Text version of this Form. Records and information. The state’s policy favors joint custody because it normally benefits minor children to have continuing and frequent contact with both of their parents. This list may include factors such as the child's age, the living situation of each parent, any history of abuse or neglect from either parent, etc. These are Joint Physical Custody and Joint Legal Custody. Here’s how it works. EFFECTIVE DATES. Do you have a comment or correction concerning this page? 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. Instead the courts often give more responsibility to one parent … Joint Custody in Alabama. Joint custody does not necessarily mean equal physical custody. That’s because it usually leads to children having frequent and continuing contact with their parents and enables parents to share the rights and responsibilities of raising their children. 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. Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Usually, one parent will be deemed the primary custodian, and … Usage is subject to our Terms and Privacy Policy. A custody agreement or order will legally determine, at minimum, the following things: This page describes how a contested child custody case is handled in the Alabama court system, and what factors are used to determine which parent gets custody. © 2021 MaritalLaws. For example, states such as Alabama, California, and Texas do not necessarily require joint physical custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible. Joint Custody. To learn more about child support and joint custody arrangements in our state, how to secure a fair child support order, or how to modify a child support order, reach out to our Alabama lawyers by phone at (334) 821-3892. Alabama’s Custody Laws In addressing the various aspects of custody, Alabama law favors joint legal custody as the preferred outcome. Alabama statute specifically sets out a preference for joint custody so long as each parent is able to “act in the best interest” of the children. Interference with custody. You and send you the information you need to survive divorce and move on with life. 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