Alabama Custody (Parenting Plan) Agreement

The first step is for both parents to agree on the child’s schedule for their best interests. If the parents present unified terms that provide safety and security for the child with continued involvement with both parents, the parenting plan is likely to be accepted, and a custody order with the terms may be issued.

The following custody arrangements are recognized in Alabama:

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

Child support in Alabama is based on each parent’s income, the percentage of physical custody, and the current child health care costs. Child support can be calculated by using Form CS-42-S (see instructions).

After child support has been calculated, complete the three forms below:

• Application for Child Support Services (Forms DHR CSD 570 & DHR CSD 1491)
• Case Information Worksheet (Form DHR-CSD-567)
• Child-Support Obligation Income Statement (Form CS-41)

File the child support forms at a county Department of Human Services (DHS) office.

Find a family law court or a court that manages custody proceedings in the county where the child lives. Divorce proceedings usually include custody matters as part of the divorce agreement, and a parenting plan can be included.

• First Petition for Child Custody (Form PS-05) – Use when filing for custody for the first time.
• Request to Change the Current Custody or Visitation Order (Form PS-07) – Use when seeking to change a current custody arrangement.

Custody can be filed at the local family court where the parents reside.

A court hearing will be scheduled if the parents cannot agree on custody terms. The judge may consider the child’s request if they are at an “age of maturity.” Alabama does not define a specific age of maturity.

If both parents submit an agreed-upon custody agreement, the court will commonly grant a custody order immediately. If both parents do not agree on custody, a judge will determine the child’s needs and issue an order depending on the facts of the case.