If you are going through a divorce or a separation with a person with whom you share a child, the issue of child custody must be addressed. In Alabama, courts generally favor joint custody arrangements, as judges believe that maintaining relationships with both parents is in a child’s best interest.
However, there are situations where one parent may seek full custody, especially if they believe it’s necessary for the child’s well-being. In order to understand how one parent may be awarded full custody, you must first understand how child custody decisions in Alabama are made.
Because each custody case is unique, there are numerous different forms of child custody that may be ordered by an Alabama family law court. Every decision will be based on the child’s best interest standard.
The child’s best interests standard is a legal standard, which states that all decisions related to a child must be made in accordance with the child’s interests and prioritizes the child’s well-being, safety, and overall development over the personal preferences or interests of the parents.
In Alabama, full custody, also referred to as sole custody, means that one parent has both primary legal and primary physical custody of the child. Primary legal custody gives one parent the authority to make major decisions about the child’s life, including decisions related to the child’s education, healthcare, and religious upbringing.
Legal custody in Alabama, whether it’s sole or joint custody, encompasses the authority to make significant decisions that impact a child’s life, such as:
- Educational Decisions: A parent with legal custody can elect the child’s school, courses, extracurricular activities, and guide their overall educational journey
- Religious Decisions: Parents can also determine the child’s religious upbringing, participation in religious activities, and education
- Legal Decisions: Parents can represent their child in legal matters, sign contracts on their behalf, and make other necessary legal decisions
- Medical Decisions: Parents can also make choices about physical medical treatments, procedures, and selecting their child’s healthcare providers
- Psychiatric Treatment: Parents can also make decisions regarding their child’s psychiatric care and treatment plans
Once again, having full legal custody means that the custodial parent with full custody has the sole authority to make the above significant decisions without needing the consent of the other parent. However, it is still always encouraged to act in the best interest of the child and involve the other parent when possible.
Primary physical custody means that the child lives with one parent most of the time, although the other parent may still have visitation rights. Once again, a full custody arrangement can be granted if the court determines that it is in the best interests of the child for such an arrangement to be ordered.
For example, a situation where it may be in a child’s best interest for a full custody arrangement are cases where one parent might be unable to provide a safe and stable environment. As far as the legal steps necessary to get full custody of your child in Alabama, a general roadmap is:
- File a Petition: You must first file a petition for custody with the appropriate family court, which will outline your request for full custody and provide reasons why it’s in your child’s best interest for you to be granted full custody
- Serve the Other Parent: The other parent must then be formally notified of the petition, which is typically done through a process server or law enforcement officer
- Prepare Your Case: Then, you should gather evidence to support your request for full custody, which might include:
- Documentation of the child’s needs and your ability to meet them
- Proof of a stable home environment, such as photos of your home or a home study
- Any other relevant records supporting your claim, such as police reports or medical records, that provide evidence of the other parent’s inability to provide a safe environment
- Attend Mediation: Alabama courts often first require mediation to try to resolve custody disputes amicably. As such, you should be prepared to negotiate, but also to stand firm on matters that impact your child’s safety and well-being
- Court Hearing: If court-ordered mediation fails, a court hearing to determine custody will then be scheduled. During the hearing, both parents will present their evidence and arguments that support their request for custody.
- The judge will then consider all of the factors, such as the child’s emotional ties, each parent’s ability to provide for the child, and any history of abuse or neglect to make their decisions based on the child’s best interest
- Follow Court Orders: If you are granted full custody, it is important to then comply with all court orders regarding visitation and other arrangements
