Child Custody & Visitation Lawyers in Birmingham
Understanding Alabama’s Child Custody Code Section 30-3-150
It is important to understand that while Alabama favors joint custody, that does not necessarily mean both parents will spend equal time with the child(ren). With regards to joint custody, Alabama Code Section 30-3-150 states, “It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody.”
If you are married and undergo a divorce, custody of your children and each party’s respective support obligation will be determined during the divorce proceedings. If you are not married and have a child, paternity for the child will need to be established through a legal proceeding, and then custody, visitation and support can be determined.
When determining a custodial arrangement, a court will look to the best interest of the child. This includes many factors, including, but not limited to:
- The agreement or lack of agreement of the parents on joint custody.
- The past and present ability of the parents to cooperate with each other and make decisions jointly.
- The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.
- Any history of or potential for child abuse, spouse abuse, or kidnapping.
- The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.
