What is a parenting plan in Alabama?

A parenting plan is a written document in which parents set out how they will share custody and time with their children. In Alabama it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing custody order. The plan describes legal custody, physical custody, and the parenting schedule, and the parents ask an Alabama court to approve it under the best interest of the child standard (Alabama Code Section 30-3-152).

What is the difference between a parenting plan and a custody order in Alabama?

In Alabama a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. Alabama does not require a separate standalone written parenting plan by statute; custody is granted in the court's final order (Alabama Code Section 30-3-152(c)). When the parents agree, they submit their plan and, if the Alabama court finds the arrangement is in the child's best interest, it adopts it in a binding custody order.

What does custody mean in Alabama?

Alabama custody has two parts. Legal custody is the right and responsibility to make major decisions about a child, including education, health care, and religious training. Physical custody is where the child lives and the contact the child has with each parent. Under Alabama Code Section 30-3-151, joint legal custody gives both parents equal decision-making rights, joint physical custody assures the child frequent and substantial contact with each parent, and either type can instead be sole to one parent.

Does Alabama presume joint custody?

Only when both parents ask for it. Under Alabama Code Section 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 is granted in the final order unless the court makes specific findings as to why it is not granted. When the parents do not both request joint custody, the Alabama court weighs the form of custody case by case under the best interest standard.

Is a written parenting plan required in Alabama?

Alabama does not require a separate, standalone written parenting plan by statute. Custody is set in the court's final order, and parents may submit their own written agreement for the court to approve (Alabama Code Section 30-3-152(c)). Writing out a clear Alabama parenting plan is still valuable because it shows the court the legal custody, physical custody, and schedule the parents are asking it to adopt.

What should an Alabama parenting plan include?

An Alabama parenting plan should state whether legal custody and physical custody are joint or sole, how the parents will make major decisions about education, health care, and religious training, and the regular parenting schedule, including weekdays, weekends, holidays, school breaks, and summer. It should also cover exchanges and transportation, communication, relocation notice, and how the parents will resolve future disagreements, so the Alabama court can adopt it as a custody order.

Do Alabama parents have to attend a parenting class?

Alabama does not have a statewide statute requiring a parenting-education class in every custody case. Where a class is required, it comes from a local court rule rather than a statewide mandate, so check the rules of the Circuit Court in your Alabama county. The court sets custody in its order under the best interest standard once it approves the parents' arrangement.

Alabama Parenting Plan

Q: What standard do Alabama courts use to decide custody?

An Alabama court decides custody by the best interest of the child. Under Alabama Code Section 30-3-152(a), the court must in every case consider joint custody but may award any form of custody that it determines is in the best interest of the child. The court may also order a form of joint custody without both parents' consent when that is in the child's best interest (Section 30-3-152(b)).

An Alabama parenting plan sets out legal custody, physical custody, and the parenting schedule two parents ask the court to approve under the best interest of the child standard. Attorney review available.

Find out where you stand in Alabama

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Introduction

A parenting plan is a written document two parents use to set legal custody, physical custody, and a parenting schedule for their children, whether they are divorcing, were never married, or are asking to change an existing custody order. In Alabama, custody has two parts. Legal custody is the right and responsibility to make major decisions about a child, including education, health care, and religious training, and physical custody is where the child lives and the contact the child has with each parent. Each type can be joint, shared by both parents, or sole to one parent (Alabama Code Section 30-3-151). An Alabama court must in every case consider joint custody, but it may award any form of custody that it determines is in the best interest of the child, and it may order joint custody even without both parents' consent when that is in the child's best interest (Alabama Code Section 30-3-152(a) and (b)). When both parents request joint custody, there is a presumption that joint custody is in the child's best interest, and the court grants it in the final order unless it makes specific findings explaining why not (Section 30-3-152(c)). Alabama does not require a separate standalone written parenting plan by statute; custody is set in the court's order, and parents may submit their own written agreement for the court to approve. DocDraft builds your Alabama parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
A parenting plan is a written document that records legal custody, physical custody, and the parenting schedule for a family's children, used whether the parents are divorcing, were never married, or are changing an existing custody order.
2
In Alabama, joint legal custody means both parents share equal rights and responsibilities for major decisions about education, health care, and religious training, and joint physical custody means the child has frequent and substantial contact with each parent (Alabama Code Section 30-3-151).
3
Legal custody and physical custody in Alabama can each be joint, shared by both parents, or sole to one parent, and the two are decided separately (Alabama Code Section 30-3-151).
4
An Alabama court must in every case consider joint custody but may award any form of custody it finds is in the best interest of the child, and it may order joint custody without both parents' consent when that serves the child (Alabama Code Section 30-3-152(a) and (b)).
5
When both Alabama parents request joint custody, a presumption applies that joint custody is in the child's best interest, and the court grants it in the final order unless it makes specific findings explaining why not (Alabama Code Section 30-3-152(c)).
6
Alabama does not require a separate standalone written parenting plan by statute; custody is set in the court's final order, and parents may submit their own written agreement for the court to approve.
7
Writing out a clear Alabama parenting plan still helps because it shows the court the legal custody, physical custody, and schedule the parents are asking it to adopt in the custody order.

Key decisions before you file

Before you file a Parenting Plan in Alabama, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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ALABAMA PARENTING PLAN

[PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children listed below, adopt this plan for the court's approval. The parents may be divorcing or may never have married, and the plan may also revise a custody order already in force. Alabama courts consider joint custody in every case, so this plan sets out legal custody, physical custody, and a schedule that keeps both parents meaningfully involved.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody. Legal custody is [joint / sole to PARENT]. Under joint legal custody both parents share equal rights and responsibilities for major decisions about education, health care, and religious training; sole legal custody places those rights with one parent. The parent with the children at any time makes routine decisions and may authorize emergency treatment. If the parents cannot agree on a major decision under joint legal custody, they will [confer again and try mediation / defer to PARENT] before asking the court to decide.

Physical custody and contact. Physical custody is [joint / sole to PARENT]. Joint physical custody in Alabama is meant to give the children frequent and substantial contact with each parent. Set the weekday pattern here: [describe]. Set the weekend and alternating pattern, with pick-up and drop-off times: [describe]. Describe the overall division of time here, for example alternating weeks or a primary home with regular visits: [describe].

Holidays and observances. Alternate or divide the holidays [list]. Mother's Day belongs to [PARENT] and Father's Day to [PARENT]; handle each child's birthday as [describe].

Breaks and summer. Divide winter and spring breaks [describe]. Arrange summer as [alternating weeks or a longer block for each parent], and exchange written vacation dates by [DATE].

Exchanges. The children are exchanged at [LOCATION] at [TIME], with [which parent] providing transportation for [pick-up / drop-off]. A parent more than [NUMBER] minutes late will notify the other in advance.

Communication. The children may call or video-chat the other parent at reasonable hours. Each parent keeps the other informed about the children's health, schooling, and activities and shares any change of address or phone number.

Relocation. A parent who plans to move the children a significant distance will give written notice at least [NUMBER] days before the move, so the parents can discuss it or ask the court to review the arrangement.

Presumption and disputes. If both parents request joint custody, Alabama presumes joint custody serves the children and grants it in the final order absent specific findings otherwise. Disagreements go first to the parents, then to mediation, before the court is asked to decide.

This plan is effective only on the court's approval under the best interest of the child (Alabama Code Section 30-3-152). For the base template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Alabama Requirements for Parenting Plan

Legal and Physical Custody
Alabama custody has two parts: legal custody, the right and responsibility to make major decisions about a child's education, health care, and religious training, and physical custody, where the child lives. Joint legal custody gives both parents equal decision-making rights and joint physical custody assures frequent and substantial contact with each parent; either can instead be sole to one parent (Alabama Code Section 30-3-151).
Best Interest and Joint Custody Consideration
An Alabama court must in every case consider joint custody but may award any form of custody it determines is in the best interest of the child, and it may order joint custody without both parents' consent when that serves the child (Alabama Code Section 30-3-152(a) and (b)).
Presumption When Both Parents Request Joint Custody
When both parents request joint custody, the presumption is that joint custody is in the best interest of the child, and joint custody is granted in the final order unless the court makes specific findings as to why it is not (Alabama Code Section 30-3-152(c)). Otherwise the court decides the form of custody case by case.
Custody Set by Court Order
Alabama does not require a separate, standalone written parenting plan by statute. Custody is granted in the court's final order under the best interest standard, and parents may submit their own written agreement for the court to approve (Alabama Code Section 30-3-152(c)). A clear written plan still shows the court the arrangement the parents are asking it to adopt.
Decision-Making in the Plan
Your Alabama parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious training. Under joint legal custody both parents share equal rights and responsibilities for these decisions; sole legal custody places them with one parent (Alabama Code Section 30-3-151).
Physical Custody and Parenting Schedule
Your plan should describe physical custody and the parenting schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Joint physical custody in Alabama is meant to assure the child frequent and substantial contact with each parent (Alabama Code Section 30-3-151).
Relocation and Dispute Resolution
Include how far in advance a parent must give written notice before moving the children's residence, and how the parents will resolve future disagreements, for example by trying mediation before returning to court. These terms help the Alabama court adopt a workable custody order and reduce later conflict.
Filing and Court Approval
Custody is filed in the Circuit Court and set inside the court's decree or order. Alabama has no single mandatory numbered statewide parenting-plan form. Any parenting-class requirement comes from a local court rule rather than a statewide statute, so check the rules of the Circuit Court in your Alabama county.

Find out where you stand in Alabama

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Alabama Requirements for Parenting Plan

Legal and Physical Custody

Best Interest and Joint Custody Consideration

Presumption When Both Parents Request Joint Custody

Custody Set by Court Order

Decision-Making in the Plan

Physical Custody and Parenting Schedule

Relocation and Dispute Resolution

Filing and Court Approval

Frequently Asked Questions