Alabama Child Custody and Child Visitation

Courts in Alabama are well aware of the fact that parents have to face many issues. Among these issues, child custody and visitation are the chief issues that must be addressed when parents plan or do live separately. Alabama courts decide custody and visitation issues by doing what is best for the child's interests. This decision is made by looking at a number of factors listed in the Code of Alabama. The factors used by courts along with other relevant provisions are provided below. It is bly recommended that one going through Alabama child custody or Alabama child visitation proceedings consult an Alabama child custody attorney.

Alabama Child Custody

Alabama courts will either appoint joint or sole custody of a child to a parent. The best interests of the child are the primary consideration by Alabama courts when appointing custody of a child. When considering whether to grant joint custody, the following factors are considered:

• The agreement or lack of agreement between the parents on joint custody
• The parents' past and present ability to cooperate with each other and make decisions together
• The ability of each parent to encourage the sharing of love and care between the child and other parent
• Each parent's history of domestic violence and child abuse
• The geographic proximity between the parents

If the parents agree on joint custody, the presumption is that joint custody is in the best interests of the child.

When a court finds that one of the parents has committed domestic or family violence, there is an assumption that granting custody to that parent would be against the child's best interests. This parent can rebut the presumption by showing that granting custody to him or her is in the child's best interests. In assessing whether to a grant custody to a parent who has committed domestic or family violence, Alabama courts will consider the following factors:

• The safety and well-being of the child and the parent who is the victim of family or domestic violence
• The perpetrator's history of causing physical harm, bodily injury, or assault to another person.

When going through the child custody process, you should receive counsel from an Alabama child custody attorney to ensure that you are best represented during a child custody proceeding.

Alabama Child Visitation Rights

Courts in Alabama may grant visitation rights to noncustodial parents and nonparents. These rights allow noncustodial parents and nonparents the ability to visit and spend time with the child. Generally, a noncustodial parent will receive reasonable visitation rights if it is in the best interests of the child.

An Alabama court may award child visitation rights to a parent who has committed domestic violence against the other parent if the child and other parent are in a safe position during the visitation. In doing this, the court can order any of the following:

• that the exchange of the child occur in a protected setting
• supervised visitation
• the perpetrator to attend a domestic violence program
• the perpetrator to refrain from drinking alcohol or using controlled substances
• prohibition of overnight visitation
• impose any other condition that it deems necessary to provide for the safety of the child or the other parent

A grandparent may receive visitation rights if it is in the best interests of the child and: a) at least one of the child's parents are deceased; b) the child's parents are divorced; c) one of the parents abandoned the child; or d) the child was born out of wedlock. Visitation rights will not be granted to a grandparent if doing so would put the child's physical well-being in danger or threaten the child's emotional development.

In determining Alabama child visitation rights for a grandparent, courts considering the following factors:

• The grandparent's willingness to encourage a close relationship between the child and his or her parents
• The child's reasonable preference
• The child's mental and physical health
• Evidence of domestic violence

In Alabama, it is a crime for a custodial parent to interfere with a noncustodial parent or nonparent's visitation rights.

Be sure to obtain the help of an Alabama child custody attorney with experience working on child visitation rights.

Alabama Statutes

Child Custody and Child Visitation

1. Alabama Child Custody

1. Tit.30, Chp.3 §§ 30-3-169.3, 30-3-152, 30-3-131

2. Alabama Visitation Rights

1. Tit.30, Chp.3 §§ 30-3-4