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Alabama Laws of Child Custody

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    Who Gets Custody in Alabama

    • Article 1, Section 30-3-1 through 3-2 pertains to who gets child custody in Alabama. Section 3-1 states that in cases of abandonment, the abandoned spouse is awarded child custody.

      Section 3-2 states that in the voluntary separation of spouses, the circuit court retains power to make the custody determination. Either spouse can provide a notice of 20 days to the other spouse regarding his intent to obtain custody.

    Alabama Joint Custody Law

    • Article 7, Section 30-3-150 covers Alabama state policy regarding joint custody. It states that minor children be allowed to have "frequent and continuing contact with parents who have shown the ability to act in the best interest of their children."

    Establishing Custody

    • Article 7, Section 30-3-152 refers to the factors considered in establishing custody. Joint custody is "considered based on the same factors in awarding sole legal and physical custody." Other factors considered include whether or not the parents agree on the type of custody and their past history of cooperation in making joint decisions.

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