This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Alabama USLegal Pamphlet on Primary Custody
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Multi-State
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US-PMPH-16
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Word;
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FAQ
Determining Child Custody in Alabama Some of the factors the court considers when assessing the best interest of the child include: The safety and well-being of the child. The age and gender of the child. The parents' ability to cooperate and the agreements they have reached in the proposed parenting plan.
Alabama does not have an established age where the judge must listen to the child's input about where they will live. Instead, the judge decides if they believe the child is mature enough to form an opinion on this topic before considering the child's wishes. Even then, this is only one factor in the court's decision.
Yes, Alabama is a 50/50 child custody state. A judge will usually grant joint custody to both parents unless there is a convincing reason not to. Alabama favors joint custody but not equal physical custody.
Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Ala. Code § 30-3-1 (1975).
In Alabama, there are five different types of child custody: joint, joint legal, joint physical, sole legal, and sole physical custody.
First Petition for Child Custody Form PS-05: Use this form only if this is the FIRST custody order for your children. To CHANGE an order, use form PS-07 above. Important! You MUST file this form in the same county where the children live.
Commonly Used Grounds for Emergency Child Custody in Alabama Child Abuse: Abuse of a child is never acceptable and is a common reason for an emergency custody change. Drug Addiction: A parent that is addicted to drugs or alcohol may not be able to provide proper care to a child.