Alabama Parenting Plans and Custody Agreements
You can write up your own parenting plan (on your own or with the other parent) or you can work with an attorney or legal professional and have them create it. If you don't want to pay the high cost of an attorney, and want to easily make your own agreement, you can use the Custody X Change software.
Custody X Change is software that creates professional parenting plan documents and parenting schedules. Use the free download to see how it can help you.
You can also use Custody X Change to:
- Negotiate an agreement with the other parent
- Work with your attorney to come up with a parenting plan you like
- Prepare sample agreements for mediation
- Make a plan to present in court
Your parenting plan should explain:
- Where your child will live
- When your child will spend time with each parent (the child visitation schedule)
- Who will make major decisions for your child, such as medical and educational decisions
- How you will resolve disputes with the other parent in the future
- How to make changes to the parenting plan, if needed
In Alabama, you will be legally obligated to follow the parenting plan once it is approved by the court, so you should put a lot of thought into it and be as specific as possible. It should include guidelines that define the responsibilities of each parent.
You may also include any issues you and your ex can decide on now. This will help prevent future disagreements. You may include anything you like.
Some parents include stipulations regarding:
- Transportation, including who will pick up and return the child, where the child will be exchanged, and who will pay for the gas and other travel expenses
- Communication between the parents, whether by phone, text, e-mail, or even sending a notebook with the child
- Access to the child's school and medical records, and any other important information
- A "first right of refusal" clause, which means before either of you get a baby-sitter, you need to ask each other if you would like to take the child, instead
- The definition of a "special event" or other unanticipated situations, such as a funeral or business travel, and how they will be handled
- The child's belongings and how they will be shared between the two homes
- The child's activities, such as sports or musical lessons, which parent will pay for them, and what will happen when an activity cuts into the other parent's time
- Optional expenses, such as braces, and who will pay for them
No. Old laws discriminated against fathers and gave custody to the mother, but they were overturned in 1981. Now Alabama courts must consider the character and moral fitness of the parents when ruling on custody. The State of Alabama actually prefers that parents share custody, so the children get to spend time with and be raised by both parents (Alabama Code, Section 30-3-1).
Alabama Code, Section 30-3-152 defines the various types of custody:
Joint Legal Custody: Both parents have equal rights to make major decisions for the child on important matters such as the child's health care, education, and religious upbringing. You may also divide responsibilities, so that one of you is in charge of making certain decisions, while both of you make joint decisions on other ones.
Joint physical custody: Both parents share physical custody of the child so that the child gets to spend plenty of time with both of you on a regular basis. That doesn't necessarily mean you have to share time with the child 50/50, but the child should be able to spend a substantial amount of time with each of you.
Joint Custody: Both parents share joint legal custody and joint physical custody.
Sole legal custody: Only one parent has the right and responsibility to make major decisions for the child.
Sole physical custody: The child lives with one parent and the other parent has visitation.
Alabama courts have a written preference of joint custody agreements over sole custody agreements and the court will consider a joint custody arrangement in every case.
Ultimately the court will determine the type of custody arrangement based on what is best for the child (Alabama Code, Section 30-3-152).
The factors that affect if joint custody is awarded are:
- If the parents have or haven't been able to agree on a joint custody arrangement
- The ability of the parents to cooperate with each other and make decisions together
- How close the parents live to each other and if the distance would hamper joint physical custody
- Any history of child abuse or kidnapping
The judge considers the factors that determine the best interests of the child, including:
- The age and gender of each child
- The emotional, social, moral, material, and educational needs of each child
- The home environments of each parent
- The physical and mental health, age, character, and stability of each parent
- The ability and interest of each parent to meet the needs of the child
- The existing relationship between the child and each parent, and between the child and any siblings.
- The effect changing or continuing the child's current situation would have on the child
- The preference of the child, with the child's age and maturity level taken into account
- The report and recommendations of any investigators or experts
- Any other evidence or relevant information
Basically, the judge will need to make sure you are a good parent, have a clean and healthy home, and are willing and able to take care of the child properly. The judge looks at all of the information and makes a decision (Alabama Code, Section 30-3-150).
Related articles:
- Alabama Custody and Visitation Schedules
- Creating Successful Parenting Plans
- A Complete Parenting Plan Template
- Child Custody Agreements with Custody X Change
The top fifteen cities in Alabama (by population, US Census Bureau, 2008) are: Birmingham, Montgomery, Mobile, Huntsville, Tuscaloosa, Hoover, Dothan, Auburn, Decatur, Madison, Florence, Gadsden, Prattville, Phenix City, Vestavia Hills.