Alabama Child Custody Agreement

Introduction

Key Things to Know

1. 1

   Agreeing is worth something specific in Alabama, and the statute says what. Ala. Code 30-3-152(c) provides that if both parents request joint custody, the presumption is that joint custody is in the best interest of the child, and that joint custody shall be granted unless the court makes specific findings as to why joint custody is not granted. Agreement is separately listed as the first joint custody factor in 30-3-152(a)(1), the agreement or lack of agreement of the parents on joint custody. The presumption attaches to the form of custody rather than to your particular schedule, so it does not lock in the calendar you wrote.

2. 2

   The presumption is not a guarantee, it does not work in reverse, and it does not skip the judge. Section 30-3-152(a) begins by providing that 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, and 30-3-152(b) allows the court to order joint custody without the consent of both parents, so refusing to agree does not block a joint custody award either. Joint custody is granted in the final order of the court under 30-3-152(c), and Alabama supplies no mechanism that gives the parents' agreement operative effect before that order is entered. A judge who departs from a joint request owes specific findings explaining why, which is a duty to explain rather than a bar on refusing.

3. 3

   Joint does not mean fifty fifty here, and the Code says so twice. Section 30-3-150 states that joint custody does not necessarily mean equal physical custody, and 30-3-151(3) repeats that joint physical custody does not necessarily mean physical custody of equal durations of time. Decision-making can also be split rather than shared across the board: 30-3-151(2) allows the court to designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions. Write the schedule and the decision split you actually want instead of relying on the label.

4. 4

   Alabama prescribes what a joint custody agreement has to cover. Section 30-3-153(a) directs that in order to implement joint custody the court shall require the parents to submit, as part of their agreement, provisions covering the care and education of the child, medical and dental care, holidays and vacations, child support, other necessary factors affecting the child's physical or emotional health and well-being, and a designation of the parent possessing primary authority and responsibility regarding the child's involvement in academic, religious, civic, cultural, athletic and other activities and in medical and dental care if the parents are unable to agree. That last item is the one most generic forms leave out. The list is expressed as including but not limited to, so treat it as a floor.

5. 5

   Deadlock on the details does not sink joint custody. Section 30-3-153(b) provides that if the parties are unable to reach an agreement as to the provisions in subsection (a), the court shall set the plan. Parents who agree on joint custody but cannot settle the holiday split or the tie-breaker end up with a court-written plan rather than a denial. That is a reason to draft the details carefully, because whatever you leave open is decided for you.

6. 6

   Alabama's relocation rules are strict and they belong in the document. A parent intending to change the child's principal residence must give notice by certified mail not later than the 45th day before the intended change under Ala. Code 30-3-165, and a person entitled to notice who wants to stop the move must file a proceeding within 30 days after receiving it, failing which the change is authorized. Section 30-3-166 calls for a prescribed block of relocation notice language in Alabama child custody determinations entered after September 1, 2003. Section 30-3-162 keeps the contested relocation machinery from applying to a move of 60 miles or less from the non-relocating parent, or one that brings the child closer, unless it crosses a state line; the 45-day notice duty has no mileage floor and applies to any change of the child's principal residence. It also preserves an existing enforceable agreement between the parents on a change in the child's principal residence.

7. 7

   Domestic violence changes the analysis, and it can pull against a joint request. Ala. Code 30-3-131 provides that a determination by the court that domestic or family violence has occurred raises a rebuttable presumption that it is detrimental to the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator, and no criminal conviction is required to trigger it. Section 30-3-132 adds mandatory considerations for the safety and well-being of the child and the victim parent and bars holding a victim parent's absence or relocation against them, and 30-3-134 makes a finding of domestic violence since the last custody order a change in circumstances. Where the court has made such a finding, that presumption cuts directly against the joint request presumption in 30-3-152(c), and the statutes do not say which one prevails. If there has been abuse, coercion, or a protective order, talk to a lawyer before signing anything.

Alabama Requirements for Child Custody Agreement

• Joint request presumption under Ala. Code 30-3-152(c)

  If both parents request joint custody, the presumption is that joint custody is in the best interest of the child, and joint custody shall be granted unless the court makes specific findings as to why joint custody is not granted. State the joint request in plain words so the presumption is clearly invoked.

• Court discretion over the form of custody under Ala. Code 30-3-152(a)

  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. The joint request presumption obliges the court to explain a departure; it does not remove the court's choice.

• Joint custody without consent under Ala. Code 30-3-152(b)

  The court may order joint custody without the consent of both parents. A joint request raises the statutory presumption; refusing to agree does not block a joint custody award.

• Joint custody factors under Ala. Code 30-3-152(a)(1) to (5)

  The five listed factors are the agreement or lack of agreement of the parents on joint custody, their past and present ability to cooperate and make decisions jointly, their ability to encourage sharing of love, affection and contact with the other parent, any history of or potential for child abuse, spouse abuse, or kidnapping, and geographic proximity as it relates to the practical considerations of joint physical custody.

• Required contents of the parents' agreement under Ala. Code 30-3-153(a)

  To implement joint custody the court shall require the parents to submit, as part of their agreement, provisions covering care and education, medical and dental care, holidays and vacations, child support, and other necessary factors affecting the child's physical or emotional health and well-being. The list reads including but not limited to, so treat it as a minimum.

• Primary authority designation under Ala. Code 30-3-153(a)(6)

  The agreement must designate the parent possessing primary authority and responsibility regarding the child's involvement in academic, religious, civic, cultural, athletic and other activities, and in medical and dental care, if the parents are unable to agree. Name the parent for each area and keep the duty to notify and consult.

• Court-set plan on deadlock under Ala. Code 30-3-153(b)

  If the parties are unable to reach an agreement as to the provisions in subsection (a), the court shall set the plan. Whatever the parents leave unresolved is written for them, which is a reason to settle the details before filing.

• Joint custody is not equal time under Ala. Code 30-3-150 and 30-3-151(3)

  Joint custody does not necessarily mean equal physical custody, and joint physical custody does not necessarily mean physical custody of equal durations of time. Set out the actual residential schedule; 30-3-151(2) also allows one parent to hold sole power over certain decisions while both retain equal rights on others.

• Relocation notice under Ala. Code 30-3-165 and 30-3-166

  Notice of a change in the child's principal residence must go by certified mail not later than the 45th day before the intended change, with the contents the section prescribes, and an objection must be filed within 30 days after receipt. Section 30-3-166 requires prescribed relocation notice language in custody determinations entered after September 1, 2003, and 30-3-162 preserves the parents' own enforceable agreement on the subject.

• Domestic violence presumption under Ala. Code 30-3-131 to 30-3-134

  A determination by the court that domestic or family violence has occurred raises a rebuttable presumption that it is detrimental to the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator, with no conviction required. Section 30-3-132 adds mandatory safety considerations and protects a victim parent's absence or relocation from being held against them, and 30-3-134 makes a later finding a change in circumstances.