Joint vs. Sole Custody in Alabama: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

Alabama has no general presumption of equal time. The court must consider joint custody in every case, and joint custody is presumed in the child’s best interest when both parents request it, unless the court makes specific findings.

Is there a presumption of equal time in Alabama?

Not a general one. The statute makes it the state’s policy to assure children frequent and continuing contact with parents who have shown the ability to act in their best interest, and says joint custody does not necessarily mean equal physical custody (Ala. Code 30-3-150). The court shall in every case consider joint custody but may award any form of custody it finds is in the child’s best interest, and it may order a form of joint custody without both parents’ consent (30-3-152(a)-(b)).

When is joint custody presumed in Alabama?

If both parents request joint custody, the presumption is that joint custody is in the child’s best interest, and it shall be granted in the final order unless the court makes specific findings as to why it is not granted (30-3-152(c)). If only one parent asks for it, the court weighs the same best-interest factors with five more: the parents’ agreement or lack of it, their ability to cooperate and decide together, their willingness to encourage the child’s contact with the other parent, any history or potential of abuse or kidnapping, and the distance between them (30-3-152(a)).

What do the custody terms mean?

Joint custody is joint legal custody and joint physical custody. Joint legal custody gives both parents equal rights and responsibilities for major decisions on education, health care and religious training, and the court may give one parent sole power over particular decisions. Joint physical custody shares physical custody so the child has frequent and substantial contact with each parent, not necessarily equal time. Sole legal and sole physical custody give one parent the decisions or the physical custody, with the other parent having visitation unless the court orders otherwise (30-3-151).

What must a joint custody plan include?

The court shall require the parents to submit provisions on the child’s care and education, medical and dental care, holidays and vacations, child support and other factors affecting the child’s well-being, and to designate the parent with primary authority over activities and, if the parents cannot agree, medical and dental care. If they cannot agree on the provisions, the court sets the plan (30-3-153).

How does domestic violence change custody in Alabama?

A court finding that domestic or family violence occurred raises a rebuttable presumption that it is detrimental to the child and not in the child’s best interest to be placed in sole custody, joint legal custody or joint physical custody with the perpetrator, and that it is in the child’s best interest to reside with the other parent in that parent’s chosen location, in or out of the state (30-3-131; 30-3-133). The judge must also consider the effect on the child, and a parent who leaves because of violence is not penalized for it (30-3-132).

Does deployment change custody?

A military deployment, past or future, may not be the sole factor in an original custody decision or a modification (30-3-9).

Could the presumption change?

Bills to create a broader presumption of joint legal custody and substantial parenting time have been introduced in recent legislative sessions (see the text of one introduced bill). The code text we read still limits the presumption to cases in which both parents request joint custody. Check the current code before relying on this page.

How does custody connect to child support and the calendar?

The custody label does not set the amount: the court applies Rule 32 (30-3-155). Count your schedule with the Alabama parenting time calculator, then run the Alabama child support calculator.

Frequently asked questions

Official sources

• Ala. Code 30-3-150: joint custody policy
• Ala. Code 30-3-151: definitions of joint and sole custody
• Ala. Code 30-3-152: factors and presumption
• Ala. Code 30-3-153: implementation and required provisions
• Rule 32, Alabama Rules of Judicial Administration: child support guidelines
• Ala. Code 30-3-165: notice of change of principal residence
• Ala. Code 30-3-131: domestic violence presumption
• Alabama Legislature: introduced bill text on joint custody presumption

This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.