ALABAMA

Judge Mica Wood of Kentucky speaks about the favorable impact of the shared parenting law in her courtroom.

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NPO AFFILIATE | AL

STATE CHAIR: Chad McAllister

Highlights:

In instances of divorce or separation:

  • 94% of those in Alabama believe it is in the child’s best interest to have as much time as possible with each parent.

  • 94% in Alabama expressed a commitment to vote their beliefs in being “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent following separation or divorce when both parents are fit and willing to be parents.

  • 86% of those in Alabama indicated they would support a change in Alabama law that awards children as much time as possible with each parent.

  • 81% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict

  • 87% believe that both parents should have equal rights and responsibilities following divorce or separation.

  • 89% believe that Alabama should promote shared parenting for all children with separated parents.

NEGATIVES: 

  • Alabama is one of only 9 states lacking a presumptive parenting time adjustment formula; instead it relies on unnecessarily costly and lengthy court deviation procedures generally inaccessible to lower income parents. The lack of a presumptive PTA as an integral component of mandated presumptive child support guidelines arguably violates federal regulatory requirements

2019 NPO Shared Parenting Report Card

WHY DID ALABAMA RECEIVE A C-?

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POSITIVES:

  • Alabama explicitly permits joint custody in final orders.

  • Alabama statutes include the following policy statement: “It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage.” ALA. CODE § 30-3-150

  • Alabama requires courts to consider “friendly parent” factor in joint custody. ALA. CODE § 30-3-152

  • Alabama statutes treat false allegations of abuse as a factor in custody decisions or provide for sanctions. ALA. CODE § 30-3-169.6

NEGATIVES: 

  • Alabama has no explicit provisions for joint custody or shared parenting in temporary orders.

  • Alabama’s policy statement concerning joint custody explicitly denies that joint custody includes equal physical custody. (“Joint custody does not necessarily mean equal physical custody.”) ALA. CODE § 30-3-150

  • Alabama has no statutory preference for or presumption of shared parenting (joint legal custody and substantially equal physical custody) in either temporary or final orders.