What Is the Alabama Best Interest of the Child Standard?

 

Understand the common factors Alabama’s judges use when making child custody decisions.

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Alabama courts use the “best interest of the child” standard to make child custody decisions at the time of divorce or separation. This rule is sometimes called the “Couch standard” because of the name of the Alabama Supreme Court case that contains it. Judges also take direction from Alabama Code Section 30-3-152, which states:

The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child.

How Courts Make Child Custody Decisions in Alabama

Alabama child custody rules are set out in Title 30, Chapter 3 of the Alabama Code and by relevant court cases. In determining what is in a child’s best interest, state law asks judges to consider factors such as:

  • the age and gender of the child
  • the mental and emotional health of the parents
  • the relationship between the parents and the child
  • each parent’s ability to provide a safe, clean, nurturing home for the child
  • any special needs of the child
  • the child’s wishes, if the judge believes the child is mature enough to express a meaningful preference
  • how well the parents cooperate
  • the ability of each parent to encourage contact between the child and the other parent
  • any history of or potential for child abuse, spouse abuse, or kidnapping.

The law gives Alabama judges a lot of flexibility to establish parental rights and responsibilities based on the child’s best interest. In addition to the guidelines provided by court cases and the state code, the court may consider any other factors the judge finds relevant to the situation.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the essential factors courts use to make custody decisions in Alabama. That said, family law is a complicated subject and laws do change. We recommend that you review the full version of Title 30, Chapter 3 of the Alabama Code, available on the website of the Alabama State Legislature.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Alabama law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Alabama

Finding your local family court. In Alabama, county circuit courts handle family law cases. Be sure to take advantage of any self-help resources your court offers.

Alabama Family Law Court for Elmore County


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Jurisdictional relevance: ST

There are versions of this article for each State.