Parents typically have questions about child custody when considering a divorce or breakup. Perhaps you’re wondering what joint custody in Alabama means and how to get a joint custody order.
Getting joint custody in Alabama can be challenging. It takes coordination and cooperation between parents. It also requires knowledge of the Alabama joint custody laws. If you’re considering your options, an experienced Alabama child custody attorney at Summit Family Law can explain different custody arrangements and help you fight for the best solution for your family.
For a consultation, please call (256) 649-2335 or send us an online message today.
What Is Joint Child Custody in Alabama?
Before discussing the joint custody law in Alabama, you must first understand the legal definition of child custody in Alabama.
Child custody generally refers to how a child’s care, control, and maintenance are allocated between parents or guardians. Child custody has two elements: legal custody and physical custody.
Legal Custody
Legal custody means the right to make decisions about a child’s life.
This includes decisions about the child’s:
- Education,
- Religion,
- Ability to travel and get a passport, and
- Physical and mental health treatment.
When someone has legal custody, they have the right to make these and other important decisions for the child.
Parents with joint legal custody will have the equal right to make decisions about these and other important aspects of the child’s life and care. For joint legal custody to work, parents must be willing to figure out ways to communicate and cooperate with each other to further the child’s best interests.
Physical Custody
Physical custody refers to the physical time each parent spends with the child. Typically, in a divorce or child custody case, Alabama courts use one of several parenting plans to schedule a child’s time with each parent.
Parents with joint physical custody in Alabama share time in a way that gives the child frequent and substantial contact with each parent. That time does not have to be equal. Parents can make different scheduling arrangements while maintaining joint custody as long as it’s in the child’s best interests.
Parents must work together to make a schedule that is truly in the child’s best interest and also works with their competing interests. Each parent’s work schedule, the distance between their residences, and the child’s activities should all be considered when creating a joint custody parenting plan.
Best Interests of the Child
Along with the usual custody factors, a court will consider the following in deciding if joint custody is in the best interests of the child:
- Whether the parents agree to joint custody,
- The ability of the parents to cooperate,
- The ability of each parent to encourage love, affection, and contact between the child and the other parent,
- Any history of or potential for child abuse, spouse abuse, or kidnapping, and
- Any geographical issues.
If both parents request joint custody, the court presumes that joint custody is in the child’s best interests. However, the court can still decline to order joint custody if it makes specific findings explaining why.
Parent’s History of Domestic Violence
In a custody dispute, if the court finds that one parent committed domestic violence, the court presumes that it is not in the child’s best interest to be placed in that parent’s sole or joint custody. The judge must also consider what impact the domestic violence had on the child.
The court also presumes that the child should live with the parent without the abusive past. The court may grant visitation to the problematic parent, but only if it finds that the child and the other parent can be kept safe, for example through supervised visits. The parent with a problematic past can try to overcome these presumptions.
Shared Custody vs. Joint Custody
Often, parents want an equal, 50/50 split in parenting time with a child, believing that to be the true definition of joint custody. They may think that anything less will be shared custody instead of joint custody.
Under Alabama law, parents can have joint legal and physical custody of a child without an equal split in parenting time. This means that both parents can have joint custody, can make cooperative decisions for the child, and spend roughly similar amounts of time with the child.
Fortunately, Alabama law accounts for the fact that joint child custody doesn’t mean an exact split of parenting time. Parenting time can’t always be equal because parents and children have diverse schedules.
Our Alabama Child Custody Lawyers Are Here to Help
If you want joint custody, you’ll have to understand Alabama’s complex custody laws and judicial process. Plus, sometimes joint custody in Alabama isn’t right for your family.
Thankfully, Summit Family Law can help. We’ve represented many families, advocating for those going through divorce and custody proceedings. Our experienced attorneys will support you every step of the way. Contact us online or call (256) 649-2335 today for a consultation.
