Alabama Divorce With Children — Custody & Support

When children are involved, a Alabama divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §30-3-1.

Upon granting a divorce, the court may award custody to either the father or mother as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; where the wife abandons the husband, he takes custody of the children after they are seven years of age if he is a suitable person.

Types of custody

• Legal custody — the right to make major decisions about the child's education, health care, and welfare
• Physical custody — where the child lives day-to-day
• Joint custody — both parents share legal custody, physical custody, or both
• Sole custody — one parent has primary decision-making authority or residential time

Alabama uses an income-shares model to calculate child support.

• Based on combined adjusted gross income of both parents
• Credits for health insurance, childcare costs, and existing support obligations
• Guideline amount can be deviated from only with written findings
• Income can be withheld directly from the paying parent's employer §30-3-61

Most Alabama courts require a written parenting plan that addresses:

• Regular custody and visitation schedule
• Holiday and vacation time allocation
• Transportation arrangements and exchange locations
• Decision-making authority for education, health, and extracurricular activities
• Communication protocols between parents
• Relocation restrictions and notice requirements

Courts may issue temporary orders for support, custody, and use of property while a divorce or family case is pending. Temporary custody and support orders typically remain in effect until the final decree is entered.

To modify custody, the moving party must show a material change in circumstances and that the change promotes the child's best interests enough to offset the inherent disruption of a custody change (Ex parte McLendon, 455 So. 2d 863 (Ala. 1984)).