Child Custody
In Alabama, child custody generally falls into five categories: joint custody, joint legal custody, joint physical custody, sole legal custody, and sole physical custody. Below is a straightforward overview of how each type works. If you have questions about custody or any other family law issue, our office is here to help.
Joint Legal Custody
Under joint legal custody, both parents share the authority to make significant decisions regarding the child’s upbringing, including matters such as education, healthcare, and religious practices. In some cases, a court may allocate decision-making authority differently—allowing one parent to control certain areas while requiring shared input in others.
Joint Physical Custody
Joint physical custody involves both parents maintaining substantial, ongoing time with the child. While parenting time does not have to be exactly equal, the goal is to ensure the child has consistent and meaningful contact with each parent.
Joint Custody
“Joint custody” typically refers to a combination of both joint legal and joint physical custody.
Sole Legal Custody
Sole legal custody grants one parent the exclusive right to make major decisions affecting the child, including those related to education, medical care, and other important aspects of the child’s life.
Sole Physical Custody
With sole physical custody, the child primarily resides with one parent, while the other parent is generally awarded visitation rights.
Combining Custody Arrangements
Custody arrangements often involve a mix of legal and physical components. For example, one parent may have sole authority over major decisions while both parents share physical custody. In some situations, courts divide responsibilities—for instance, assigning one parent authority over educational decisions and the other over medical matters.
How Courts Decide Custody
When parents cannot agree, the court evaluates what arrangement serves the child’s best interests. Factors may include each parent’s level of involvement, the distance between the parents’ homes, and each parent’s ability to support the child’s relationship with the other parent. Allegations or findings of domestic violence are taken seriously and can significantly impact custody determinations.
If a parent seeks to relocate with the child, the court will assess whether the move would improve the child’s overall well-being before granting approval.
Joint Custody Considerations
Courts often look for evidence that parents can communicate and cooperate effectively before approving joint custody arrangements. A demonstrated willingness to foster a positive relationship between the child and the other parent is critical. In some jurisdictions, there may be a presumption favoring joint physical custody, which can be rebutted with evidence showing the arrangement would not be appropriate.
Alabama family law continues to shift in ways that directly affect how custody, support, and related issues are handled. The most notable recent development is the passage of the Best Interest of the Child Protection Act (House Bill 229), which took effect on January 1, 2026.
This law introduces a rebuttable presumption in favor of joint custody in many cases. Below is an overview of that change and other key areas of Alabama family law that may impact you.
Joint Custody Presumption (Effective January 1, 2026)
The most significant change is the new starting point courts must use in custody cases.
Under the 2026 law, courts now begin with the presumption that joint custody is in the child’s best interest. This includes both shared decision-making and, in many cases, equal or near-equal parenting time.
Previously, joint custody was only presumed appropriate if both parents agreed. In contested cases, there was no such presumption.
Now courts start from the position that children benefit from substantial involvement from both parents. A parent seeking sole custody must present evidence showing that joint custody would not be in the child’s best interest
It is important to note that this change does not automatically apply to existing custody orders entered before January 1, 2026, and it does not, by itself, qualify as a material change in circumstances for modification purposes.
Child Support Updates
Alabama’s child support guidelines, found in Rule 32 of the Alabama Rules of Judicial Administration, were last substantially updated in 2022, with additional adjustments for shared custody arrangements in 2023.
A 2025 law (SB 18, effective October 1, 2025) addressing retroactive child support in paternity cases. In certain situations, courts may award support covering up to nine months prior to the child’s birth. Updated calculations in joint custody cases that more accurately reflect shared parenting time and expenses.
If there has been a meaningful change in income, parenting time, or the child’s needs, a modification may be appropriate. Courts often consider a deviation of 10% or more from the current guideline amount as a basis for review.
Alimony (Spousal Support)
Alabama law continues to favor rehabilitative alimony in most cases. Rehabilitative alimony is generally limited to five years unless exceptional circumstances justify a longer period. Periodic alimony may still be awarded, particularly in longer marriages
Alimony typically terminates upon remarriage or cohabitation of the receiving spouse. While there have not been major statutory changes in this area recently, courts continue to apply equitable principles when dividing marital property, including retirement accounts.
Grandparent Visitation
Alabama law places significant limits on when grandparents can seek court-ordered visitation. To succeed, a grandparent must prove that denial of visitation would harm the child’s emotional, mental, or physical well-being and that a meaningful, pre-existing relationship with the child exists
Courts give considerable weight to a fit parent’s decision regarding visitation. In most cases, petitions cannot be filed more than once every two years unless circumstances have significantly changed.
Other Important Considerations
Divorce: Alabama remains a no-fault divorce state. A 30-day waiting period generally applies before a divorce can be finalized.
Relocation: The Alabama Parent-Child Relationship Protection Act typically requires at least 45 days’ notice before a move that would significantly change the child’s residence (generally more than 60 miles).
Custody Modifications: Modifying an existing custody order usually requires proof of a material change in circumstances and that the proposed change is in the child’s best interest.
Dependency Cases: Juvenile and DHR cases remain focused on protecting children while working toward family reunification where appropriate.
What This Means for You
The new joint custody presumption will likely influence how custody cases are negotiated and litigated moving forward. Whether you are going through a divorce, addressing custody, or considering a modification, understanding how these changes apply to your situation is critical.
If you are dealing with a divorce, custody dispute, child support issue, or considering a modification, these recent changes in Alabama law may directly affect your case.
Attorney Alex Sallas at Barfoot & Schoettker handles family law matters across Alabama and can help you understand your options and next steps. Contact Barfoot & Schoettker to discuss your situation and get guidance tailored to your case.
Contact Us Today
Use our contact form or give us a call for your no-obligation consultation.
