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If a judge issued or approved your custody agreement, it has the strength of a court order. Many people believe that a father cannot get custody in Alabama.Divorcing parents' rights will vary depending on the type of child custody and visitation they have. (b) 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. All it takes is for one parent to request modification with the court and for the judge to agree. Flexible in dealings regarding a child(ren). However, if parents are not both in agreement, the following custody schedule is to be. In Alabama courts and in the laws regarding children, the term "custody" is used, and issues regarding custody are referred to as "visitation.