Legal Information: Alabama

Custody

Updated: 
June 12, 2018

How will a judge decide whether or not to order joint custody?

While judges are to consider the option of joint custody in every case, there is no presumption in favor of it unless the parents agree to it. When deciding whether joint custody is in the best interest of the child, a judge will look at:

  • Whether you and the other parent agree to joint custody;
  • Whether you and the other parent could cooperate in making decisions about the child's life;
  • The ability of the parents to encourage a good, loving relationship between the child and the other parent;
  • Whether either parent has committed, or may commit, child abuse, domestic abuse, or kidnapping;
  • Where each parent lives and how practical that makes joint custody; and
  • Other factors that a judge thinks may affect the best interest of the child.1

1 Alabama Code § 30-3-152