Child custody cases in Alabama are decided based on a number of factors, all of which are designed to figure out what is in "the best interests of the child."

Until recently, many courts adhered to the "tender years" doctrine. Which assumes that custody of young children should, as a matter of policy, be awarded to their mother. However, Mr. & Mrs. Devine changed all that. Now, child custody cases in Alabama are no longer decided based on the tender years doctrine.

How to find the right Child custody attorney.

In the case of Christopher P. Devine vs Alice Beth Clark Devine, on 27 March 1981 the Alabama Supreme court stated:

The sole issue presented for review is whether the trial court’s reliance on the tender years presumption deprived the father of his constitutional entitlement to the equal protection of the law. In resolving this issue, we feel it is necessary to consider the historical development of the tender years presumption and re-examine its modern efficacy in light of recent pronouncements by the United States Supreme Court.

Read the decision for a discussion of the history of child custody law and how custody had been awarded for the previous 150 years or so.

In the end, the court established factors to be considered when deciding a custody dispute in Alabama.

“…with directions that the court consider the individual facts of the case:”

1. The sex and age of the children are indeed very important considerations; however, the court must go beyond these to consider the characteristics and needs of each child, including
2. their emotional, social, moral, material and educational needs;
3. the respective home environments offered by the parties;
4. the characteristics of those seeking custody, including age, character, stability, mental and physical health;
5. the capacity and interest of each parent to provide for the emotional, social, moral, material and educational needs of the children;
6. the interpersonal relationship between each child and each parent;
7. the interpersonal relationship between the children;
8. the effect on the child of disrupting or continuing an existing custodial status;
9. the preference of each child, if the child is of sufficient age and maturity;
10. the report and recommendation of any expert witnesses or other independent investigator;
11. available alternatives;
12. and any other relevant matter the evidence may disclose.

Additionally, Alabama Code § 30-3-152 addresses "Factors considered; order without both parents’ consent; presumption where both parents request joint custody:"

(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. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors:

1. The agreement or lack of agreement of the parents on joint custody.
2. The past and present ability of the parents to cooperate with each other and make decisions jointly.
3. The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.
4. Any history of or potential for child abuse, spouse abuse, or kidnapping.
5. The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.

(b) The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.

(c) If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Joint custody shall be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted.

These factors make it very important that you gather as much supporting documentation & testimony as you are able in order to make your best case.

If you want to read up on child custody law in Alabama, see the Code of Alabama.

Finding the right custody lawyer is the most important step you can take in your custody dispute. Surprisingly, this is overlooked all too often.

How to find the right Child custody attorney.