Custody and Parenting Time
Ala. Code § 30-3-152 — joint custody considered in every case, and presumed when both parents ask for it
| Term | Meaning |
|---|---|
| TermJoint legal custody | MeaningBoth parents share major decisions on education, health care and religion |
| TermJoint physical custody | MeaningTime shared so the child has frequent and substantial contact with each parent, not necessarily equal time |
| TermSole physical custody | MeaningOne parent has custody and the other has visitation, unless the court provides otherwise |
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- Whether the parents agree on joint custody.
- How well they have cooperated and made decisions together.
- Whether each encourages love and contact with the other parent.
- Any history of or potential for child abuse, spouse abuse or kidnapping.
- How close the parents live to each other.
When both parents ask. The court considers joint custody in every case and may order it without both parents' consent. When both request it, joint custody is presumed to be in the child's best interest and is granted unless the court makes specific findings why not.
Sources for this section (2)
- Ala. Code § 30-3-151 — Definitions
- Ala. Code § 30-3-152 — Factors Considered; Order Without Both Parents’ Consent; Presumption Where Both Parents Request Joint Custody
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.