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Child custody and parenting time

Child custody in Alabama

Custody is mostly decided by state law. This page covers what Alabama sets: the words it uses, how judges decide, how to ask the court, moving with your child, relatives and free help.

Move-away notice toolParenting plan worksheet

What Alabama calls custody

Alabama calls it
custody and visitation
Time with each parent
visitation (courts also use parenting plans and time-sharing schedules)
joint legal custody
Both parents have equal rights and duties for major decisions about your child, such as school, health care, and religion. The judge may let one parent make certain decisions alone.
sole legal custody
One parent has the rights and duties to make major decisions about your child.
joint physical custody
Both parents share physical custody so your child has frequent and substantial contact with each parent. It does not have to mean equal time.
sole physical custody
Your child lives with one parent. The other parent has visitation, unless the court orders otherwise.
joint custody
Joint legal custody plus joint physical custody.

Law: Ala. Code §§ 30-3-150, 30-3-151

How the judge decides in Alabama

What the law tells the judge to look at

In the order the law lists them.

  1. The judge must consider joint custody in every case, but can choose any form of custody that is best for your child. To decide on joint custody, the judge looks at the same factors used for sole custody, plus the factors below.Ala. Code § 30-3-152(a)
  2. Whether the parents agree or disagree about joint custody.Ala. Code § 30-3-152(a)(1)
  3. How well the parents have worked together and made decisions together in the past and now.Ala. Code § 30-3-152(a)(2)
  4. Whether each parent can encourage love, affection, and contact between the child and the other parent.Ala. Code § 30-3-152(a)(3)
  5. Any history of, or risk of, child abuse, spouse abuse, or kidnapping.Ala. Code § 30-3-152(a)(4)
  6. How close the parents live to each other, as it affects whether joint physical custody can work.Ala. Code § 30-3-152(a)(5)

Other things the judge considers

  • In a divorce, the judge may give custody to either parent, looking at the parents' moral character and good judgment and the children's age.Ala. Code § 30-3-1
  • If domestic violence was found, the judge must also consider the safety and well-being of the child and of the parent who is the victim, and the abuser's history of causing harm or fear of harm.Ala. Code § 30-3-132(a)
  • If a parent left home or moved because of domestic violence by the other parent, that cannot count against that parent.Ala. Code § 30-3-132(b)
  • If a move is part of the case, the judge also uses the relocation factors (for example, the child's relationships, travel time, the child's preference, and any history of domestic violence).Ala. Code §§ 30-3-169.3, 30-3-169.7

Joint custody

The judge must consider joint custody in every case and can order it even if one parent does not agree. If both parents ask for joint custody, the law presumes joint custody is best for the child, and the judge must grant it unless the judge explains in specific findings why not.

Domestic violence

If the judge finds that domestic or family violence happened, the law presumes it is harmful and not in the child's best interest to give the abusive parent sole custody, joint legal custody, or joint physical custody. The law also presumes the child should live with the parent who is not abusive, in the place that parent chooses, in or outside Alabama. The judge must still look at how the violence affected the child. An abusive parent can get visits only if the child and the victim parent can be kept safe, for example with supervised visits, safe exchanges, an abuser program, or no overnight visits. A finding of domestic violence after the last order counts as a change in circumstances.

Law: Ala. Code §§ 30-3-1, 30-3-131 through 30-3-135, 30-3-152

If the parents are not married in Alabama

To ask for custody, you must first be a legal parent of the child.

Establishing paternity

How
The mother and a man who says he is the genetic father can both sign an Acknowledgment of Paternity, usually at the hospital. It must be signed in front of a notary and filed with the Alabama Office of Vital Statistics. Once filed, it is a legal finding of paternity and gives the father all the rights and duties of a parent. A signer can cancel it only by going to court within 60 days, or before the first court hearing about the child, whichever is earlier. After that, it can be challenged only for fraud, duress (force), or a material mistake of fact. You can also file a Petition to Establish Paternity (form PS-04).
Form
Acknowledgment of Paternity
Cancellation form
No form. Rescission is only by a court proceeding.
Agency
Alabama Department of Public Health, Center for Health Statistics (Vital Records), with the Alabama Department of Human Resources, Child Support
https://www.alabamapublichealth.gov/vitalrecords/forms.html

Law: Ala. Code §§ 26-17-204, 26-17-301, 26-17-302, 26-17-305, 26-17-307, 26-17-308

How to ask the court in Alabama

Court
Circuit Court (domestic relations) in your county. If a juvenile court already decided paternity, custody and visitation for that child can be handled in juvenile court.
Court self-help center
https://eforms.alacourt.gov/do-it-yourself-forms/
Court forms
https://eforms.alacourt.gov/do-it-yourself-forms/

Key forms

What it costs

$145 — Statutory filing fee for a new case on the domestic relations docket of the circuit court (contested or uncontested), such as a first custody petition. Your county may add local fees, so ask the circuit clerk for the total.

Fee schedule: Ala. Code § 12-19-71(a)(5)-(6), as amended through Act 2024-449 (Source)

Other fees

  • $248 — Filing in the domestic relations docket to change (modify) or enforce an existing order, such as a custody or visitation orderAla. Code § 12-19-71(a)(7)

Fees by county

The statute sets the base fee. No official statewide schedule of the total amount charged was found; local add-on fees may apply. Ask your circuit clerk.

Fee waiver: Affidavit of Substantial Hardship and Order (form C-10, civil)

After you file

Time to respond
30 calendar days after you are served with the petition or complaint to file an answer.
Mediation
Not automatic. The judge can order mediation, a parent can ask for it, or both parents can agree to it. The parent who asks for mediation pays its cost unless you agree otherwise; if the judge orders it, the judge can split the cost. In a custody or visitation case, the judge cannot order mediation if a protection order is in effect or the judge finds domestic violence happened.
Parenting class
No statewide rule was found. Ask your circuit clerk whether your county requires a parenting course.
Emergency orders
While a case is pending, the judge can make temporary custody orders that the child's safety and well-being require. If you need protection from abuse, you can ask for a Protection from Abuse order; a judge can give temporary custody right away in an ex parte order, without notice or a hearing.

Which state's court decides: Alabama has adopted the UCCJEA, the uniform law on this (Ala. Code Title 30, Chapter 3B (§§ 30-3B-101 et seq.), Act 99-438). How the home-state rule works →

Law: Ala. Code §§ 6-6-20, 12-15-115(a)(7), 12-19-71, 30-3-1, 30-5-7; Ala. R. Civ. P. 12(a)

Changing or enforcing an order in Alabama

Changing an order

To change a custody or visitation order, file a Request to Change the Current Custody or Visitation Order (form PS-07) in the court that made the order. The judge decides based on your child's best interest. A finding that domestic violence happened since the last order counts as a change in circumstances. A move, or a planned move, of the child's main home can also be a reason to change custody.

Law: Ala. Code §§ 30-3-134, 30-3-169.3

If the other parent does not follow the order

If the other parent does not follow the custody or visitation order, you can ask the court to hold that parent in contempt with a Request for Contempt Hearing (form PS-03). You can also ask the court to change the order (form PS-07).

Law: Ala. R. Civ. P. 70A

Moving with your child from Alabama

Under the Alabama Parent-Child Relationship Protection Act, a parent who wants to change a child's main home must tell every other person with custody or visitation by certified mail at least 45 days before the move. If you could not have known in time, you must give notice within 10 days after you learn the facts. The notice must include, if known, the new address and phone number, the new school, the date, the reasons, a proposed new custody or visitation schedule, and a warning that an objection must be made within 30 days. If no one files a case objecting within 30 days after getting the notice, the move is allowed. If someone objects, the law presumes the move is not in the child's best interest, and the parent who wants to move must prove it first. This presumption does not apply if the parent who objects has been found to have committed domestic violence or child abuse. The objection and hearing rules do not apply to a move of 60 miles or less from the other parent, or a move closer to the other parent, unless the child would live in another state. If there is domestic violence or abuse, the judge can keep your address private or waive notice.

Notice required by
State law
Days of notice
45
Distance
60 miles — the residence of the non-relocating parent who has custody or visitation (the objection, presumption and hearing rules in §§ 30-3-169.1 to 30-3-169.7 do not apply to moves of 60 miles or less, or moves closer to that parent, unless the child moves to another state; the notice duty is not limited by distance)

Law: Ala. Code §§ 30-3-160 through 30-3-169.10 (especially 30-3-162(b), 30-3-165, 30-3-167, 30-3-169, 30-3-169.1, 30-3-169.4)

Move-away notice tool

Grandparents and other relatives in Alabama

Grandparent visitation

Yes. A grandparent (a parent's parent) can file a case, or join an existing custody case, for reasonable visits if:

  • The parents' divorce or separation was filed or the marriage ended by death or divorce
  • The child was born to unmarried parents and the grandparent is the mother's parent
  • The child was born to unmarried parents, the grandparent is the father's parent, and paternity is legally established
  • A case to end a parent's rights was filed or rights were ended.

The law presumes a fit parent's choice to deny or limit visits is best for the child. To overcome it, the grandparent must prove by clear and convincing evidence a significant and viable relationship with the child (for example, the child lived with the grandparent, or the grandparent was a regular caregiver, for 6 months in a row, or had regular contact for 12 months in a row, within the last 3 years) and that visits are in the child's best interest, including that losing the relationship has harmed or is likely to harm the child. Married grandparents can file only once every 24 months unless there is good cause. Visitation rights end if the child is adopted, with some exceptions.

Law: Ala. Code § 30-3-4.2

Protective orders in Alabama

What Alabama calls it
Protection from Abuse (PFA) order

Custody and visitation in the order

Yes. Without notice or a hearing, the judge can give temporary custody of the children in an ex parte protection order, and can order the abuser not to take the children away or out of the court's area. Custody can also be part of the final protection order after a hearing.

Law: Ala. Code § 30-5-7(b)(4)-(6)

Safety, hotline and protective orders in every state →

If you are in danger

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.

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Free help in Alabama

Court self-help

Alabama AOC Do-It-Yourself court forms (custody, visitation, paternity, contempt)

https://eforms.alacourt.gov/do-it-yourself-forms/

Legal aid directory

Legal Services Corporation: find LSC-funded legal aid

https://www.lsc.gov/about-lsc/what-legal-aid/i-need-legal-help

Legal aid

Legal Services Alabama (LSC-funded): statewide intake; helps domestic violence survivors with child custody

1-866-456-4995

https://legalservicesalabama.org/

Domestic violence help

Alabama Coalition Against Domestic Violence: Alabama Domestic Violence Hotline and list of local shelter programs

1-800-650-6522

https://acadv.org/get-help/

Links you to local programs

Lawyer referral

Alabama State Bar Lawyer Referral Service (fees apply; first 30-minute consultation no more than $50)

1-800-392-5660

https://www.alabar.org/for-the-public/get-legal-help/

More free help across the country →

Good to know in Alabama

  • If both parents ask for joint custody, the law presumes it is best for the child, and the judge must grant it or explain why not (Ala. Code § 30-3-152(c)).
  • A parent planning to move a child must give 45 days' notice by certified mail; the other parent has 30 days to object, and the law presumes a contested move is not in the child's best interest (Ala. Code §§ 30-3-165, 30-3-169, 30-3-169.4).
  • If the judge finds domestic violence, the law presumes the child should live with the parent who is not abusive, in the place that parent chooses, inside or outside Alabama (Ala. Code § 30-3-133).

Recent changes

  • In effect October 1, 2024No filing fee for a motion for a qualified domestic relations order filed within 120 days of the final order. Custody filing fees did not change.Act 2024-449 (SB84) · Ala. Code § 12-19-71(a)(7)b
  • In effect January 1, 2026Part of a rewrite of the adoption codes; it amended the grandparent visitation statute's links to adoption (for example, grandparent visits after adoption are governed by § 26-10E-29).Act 2025-407 (SB94) · Ala. Code § 30-3-4.2
  • In effect October 1, 2026A temporary emergency custody order made in Alabama becomes a final order after 6 months if no custody case has been started in a state that has jurisdiction.Act 2026-237 (SB239) · Ala. Code § 30-3B-204(b)

More RobinClaim guides for Alabama → · All states

Sources

Last checked: November 2026