Updated February 01, 2024
An Alabama custody agreement is a document between parents that outlines a plan for custody, decision-making rights, and how a child will spend time between households. This agreement can be included in divorce proceedings but may be used between unmarried parents or other adult guardians.
Generally, Alabama considers the child’s best interest to have continued relationships with both parents via joint custody unless the judge feels that shared parenting would cause the child harm.
Child Custody Factors
In determining the best interest of the child, the court considers the following:
- The child’s age and gender;
- The child’s preference, depending on the maturity, of which parent they prefer to be with;
- Parent proximity;
- If the parents have already created a parenting plan and their ability to collaborate; and
- The child’s relationship with each parent.
Statute: § 30-3-152
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How to File for Custody in Alabama
1. Agree on a Parenting Plan
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
2. Calculate Child Support
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.
3. File for Custody
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.
4. Attend Court Hearings
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.
5. Custody Order Issued
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.
Custody Laws
- Child’s Preference: Judge will consider a mature child’s opinion (age unspecified)
- Emergency Custody: § 30-3B-204
- Grandparent Visitation: § 30-3-4.2
- Parent-Child Relationship Protection Act: Title 30, Article 7A
- Visitation: § 30-3-132
- Uniform Child Custody Act: Title 30, Chapter 3B
- Wife’s Abandonment: § 30-3-1
Related Forms
