Joint vs. Sole Child Custody in Alabama
Huntsville law firm addresses concerns regarding children in divorce
Child custody in Alabama has two separate components: (1) parenting time, which determines where the child lives and how visitation is shared and (2) legal decision-making authority, which governs who makes major choices about the child’s education, healthcare and general welfare. At Amy A. Slayden Family Law P.C. in Huntsville, we know the factors the courts consider in custody cases. We can help you pursue an arrangement that supports your child’s well-being and protects your interests as a parent.
How does child custody work in Alabama?
An Alabama court can award child custody rights in different combinations as follows:
- Sole legal custody — One parent has the right to make major decisions for the child.
- Joint legal custody — Parents share decision-making authority over their child.
- Sole physical custody — One parent has sole physical custody and the other parent has visitation rights, unless otherwise ordered by the court.
- Joint physical custody — The child spends significant time living with both parents, though not necessarily equal time.
As examples, parents may have both joint legal and physical custody or one parent may have sole legal custody while physical custody is shared. We will work diligently to help you achieve the most favorable custody solution for you and your child following divorce.
What factors does the court consider in making custody decisions?
The best interests of the child are the primary criteria a court evaluates. A judge considers several factors, including the following:
- How willing parents are to communicate and cooperate with each other
- Each parent’s ability to provide a stable environment
- Who has been the primary caregiver
- Emotional ties between each parent and the child
- Physical and mental health of both parents
- Whether a parent will encourage a positive relationship between the child and other parent
- History of domestic violence or substance abuse
- The geographic location of parents to each other
The court may also consider anything else it deems of importance, including children’s custody preferences if they are of appropriate age and maturity.
Can parents decide custody between themselves?
Parents can negotiate child custody terms with the help of their attorneys or in mediation. An agreement is then submitted to the court for review and approval. However, child custody cases can be contentious, requiring an adversary hearing. We work diligently to help our clients achieve custody arrangements that protect their rights, whether through negotiations or litigation.
Contact our joint versus sole custody attorneys in Huntsville for assistance
The attorneys at Amy A. Slayden Family Law P.C. in Huntsville advocate for Alabama parents in custody cases. Call us at 256-529-4437 or contact us online to speak with a lawyer in a confidential consultation.
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Amy Slayden represented me through two divorces and several complicated legal matters. She was an excellent communicator, steady in difficult moments, and helped me navigate some very challenging circumstances with clarity and professionalism. I alwa...
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Amy helped me achieve what felt truly impossible. She guided me through a complex and emotional relocation custody case with knowledge, compassion, and determination. Because of her hard work and advocacy, my son and I were given the chance at a fres...
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Sarah and her team did an excellent job while I was going through my Divorce. It was a smaller case but she was still very quick with responses back, communication and walking me through something that I had never done before and never hope to do aga...
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Dawn has been beyond helpful in so many ways but especially in keeping me calm and instructed me to keep a notebook of questions for Sarah, which I have started. She always answers the phone willing to help in anyway she can and knows how to get the ...
