Alabama lawChild CustodyRelocationDomestic ViolenceDivorce

Child Custody and Parenting Time in Alabama

September 26, 2026 · LawDiver Research Team

If you only remember one point about child custody and parenting time in Alabama, remember this: Alabama uses Joint or sole legal custody and joint or sole physical custody; parenting-time schedules implement physical custody.. Courts apply the best-interests standard, weighing the child’s relationship with each parent, safety, stability, parental capacity, and history of domestic violence or substance abuse. Statutory preference for joint custody when both parents are fit, but joint custody is not automatic—the court must still find it serves the child’s best interests. Procedure, examples, and the opinions below hang off Ala. Code §§ 30-3-150 to 30-3-169.3. Relocation: A custodial parent intending a material change of principal residence generally must give advance written notice and may need court approval if the other parent objects. Modification: A material change of circumstances affecting the child’s welfare is required to modify custody.

Relocation with a child

A custodial parent intending a material change of principal residence generally must give advance written notice and may need court approval if the other parent objects.

Walking through Alabama facts

Use this walkthrough to see which Alabama authority does the work at each step.

Two parents in Alabama disagree about where the child lives during the school week, and one wants to move.

Use the labels Alabama actually uses: Joint or sole legal custody and joint or sole physical custody; parenting-time schedules implement physical custody..
Apply the best-interests factors: Courts apply the best-interests standard, weighing the child’s relationship with each parent, safety, stability, parental capacity, and history of domestic violence or substance abuse.
Check any parenting presumption: Statutory preference for joint custody when both parents are fit, but joint custody is not automatic—the court must still find it serves the child’s best interests.
If a move is proposed: A custodial parent intending a material change of principal residence generally must give advance written notice and may need court approval if the other parent objects. Later changes follow: A material change of circumstances affecting the child’s welfare is required to modify custody.

Custody is pleaded in the divorce or a standalone petition. Pendente lite orders often set temporary schedules. Many counties require parenting classes and mediation. Final judgments specify legal custody, physical custody, and a parenting-time calendar.

Modifying a Alabama custody order

A material change of circumstances affecting the child’s welfare is required to modify custody.

How custody cases typically move in Alabama

Case law: custody and parenting time in Alabama

Anita Kay Hovater v. Jeff Baron Hovater.

Anita Kay Hovater v. Jeff Baron Hovater., 577 So. 2d 461 (1991)

…divorce incorporated an agreement of the parties as to the custody of the children and their support. The two portions of the judgment pertinent to this appeal provided: (a) "[T]he parties shall jointly share the custody of the minor children, namely Amy Hovater, age eight (8) and Abby Hovater, age four (4), with the [mother] having primary physical custody during the regular…

On child custody, Anita Kay Hovater v. Jeff Baron Hovater. speaks to the Alabama dispute in this passage: "divorce incorporated an agreement of the parties as to the custody of the children and their support. The two portions of the judgment pertinent to this appeal provided: (a) '[T]he parties shall jointly share the custody of the minor children, namely Amy Hovater, age eight (8) an" The surrounding opinion shows how the court applied that language to the record.

Ex parte W.T.M. (In re The matter of A.M.A., a minor). W.T.M. v. S.P. V.T. and E.T. v. S.P. — Murdock, J., dissenting

Ex parte W.T.M. (In re The matter of A.M.A., a minor). W.T.M. v. S.P. V.T. and E.T. v. S.P. — Murdock, J., dissenting, 2002 Ala. Civ. App. LEXIS 407 (2002)

…itional hearing in a dependency proceeding, not a change of custody under Ex parte McLendon, 455 So.2d 863 (Ala.1984). It therefore reasoned that the “material-promotion” standard of McLendon did not apply and that, as a result, the case should be remanded for the trial court to determine custody upon application of a “best-interests” standard. After reviewing the record and th…

Practitioners open Ex parte W.T.M. (In re The matter of A.M.A., a minor). W.T.M. v. S.P. V.T. and E.T. v. S.P. — Murdock, J., dissenting when Alabama child custody turns on the distinction in this sentence: "Ex parte McLendon, 455 So.2d 863 (Ala.1984). It therefore reasoned that the “material-promotion” standard of McLendon did not apply and that, as a result, the case should be remanded for the trial court to determine custody upon application of a “best-interests” standard." Do not lift it out of the facts the court was deciding.

Gary Wayne Clements v. Eugenia Ann Clements. — Pittman, J., concurring

Gary Wayne Clements v. Eugenia Ann Clements. — Pittman, J., concurring, 906 So. 2d 952 (2005)

…labama law, a "best interests" standard applies to judicial custody determinations where neither of a child's parents has lawfully obtained primary physical custody of that child via a judgment or a voluntary forfeiture. See generally Exparte Couch, 521 So.2d 987 (Ala. 1988). Thus, the Legislature's adoption of a statute mandating application of a rebuttable presumption that re…

Alabama opinions such as Gary Wayne Clements v. Eugenia Ann Clements. — Pittman, J., concurring are cited where child custody is disputed. The court stated: "See generally Exparte Couch, 521 So.2d 987 (Ala. 1988)." That is the language to brief; the rest of the decision supplies the procedural posture.

Paul Alan Poe v. Marsha Poe Capps.

Paul Alan Poe v. Marsha Poe Capps., 599 So. 2d 623 (1992)

This is a child custody case. Paul Alan Poe (father) and Marsha Poe Capps (mother) divorced in March 1987, reserving the issue of child custody for a later determination. Ultimately, the trial court determined that both parents were suitable parents and entered an order stating that custody of the child would alternate annually betwee…

Paul Alan Poe v. Marsha Poe Capps. is worth reading on Alabama child custody because the court put the point in its own words: "This is a child custody case. Paul Alan Poe (father) and Marsha Poe Capps (mother) divorced in March 1987, reserving the issue of child custody for a later determination." Use that passage as the starting point, then read the facts that precede it.

Richard L. Watters v. Jennifer L. Watters.

Richard L. Watters v. Jennifer L. Watters., 918 So. 2d 913 (2005)

…r") were divorced in March 2002. They agreed to share joint custody of their son; their agreement, which provided that the parties each have custody for approximately four and a half months during the school year and alternating two-week periods during *Page 914 the summer months, was incorporated into the judgment of divorce. The agreement regarding custody, however, was never…

Practitioners open Richard L. Watters v. Jennifer L. Watters. when Alabama child custody turns on the distinction in this sentence: "Page 914 the summer months, was incorporated into the judgment of divorce." Do not lift it out of the facts the court was deciding.

Athenia Clark Tanner WELDON v. Linda BALLOW

Athenia Clark Tanner WELDON v. Linda BALLOW, 2015 Ala. Civ. App. LEXIS 249 (2015)

…note that this appeal involves an important issue of child custody, which should be decided as expeditiously as possible. See generally Ex parte T.C., 96 So.3d 123, 129 (Ala.2012) (“[I]n. resolving issues involving juveniles, time is of the essence.”). The grandmother filed her petition on March 28, 2014, when the children at issue were 11 and 9 *660years old, respectively; th…

Practitioners open Athenia Clark Tanner WELDON v. Linda BALLOW when Alabama child custody turns on the distinction in this sentence: "See generally Ex parte T.C., 96 So.3d 123, 129 (Ala.2012) (“[I]n. resolving issues involving juveniles, time is of the essence.”)." Do not lift it out of the facts the court was deciding.

Brenda Harrold Webb Pullum v. Larry Webb.

Brenda Harrold Webb Pullum v. Larry Webb., 669 So. 2d 925 (1995)

This is a child custody modification case. Brenda Webb Pullum, the mother, and Larry Webb, the father, were divorced on October 5, 1982; Brenda Pullum was granted custody of their two children, Peggy Jo and Reagan. A few years thereafter, Larry Webb ceased contact with his children and made no child support payments for approximately…

On child custody, Brenda Harrold Webb Pullum v. Larry Webb. speaks to the Alabama dispute in this passage: "This is a child custody modification case. Brenda Webb Pullum, the mother, and Larry Webb, the father, were divorced on October 5, 1982; Brenda Pullum was granted custody of their two children, Peggy Jo and Reagan." The surrounding opinion shows how the court applied that language to the record.

Key takeaways

Best-interests standard: Courts apply the best-interests standard, weighing the child’s relationship with each parent, safety, stability, parental capacity, and history of domestic violence or substance abuse.
Labels used in Alabama: Joint or sole legal custody and joint or sole physical custody; parenting-time schedules implement physical custody..
Parenting-time posture: Statutory preference for joint custody when both parents are fit, but joint custody is not automatic—the court must still find it serves the child’s best interests.
Relocation: A custodial parent intending a material change of principal residence generally must give advance written notice and may need court approval if the other parent objects.
Modification: A material change of circumstances affecting the child’s welfare is required to modify custody.
Primary authority: Ala. Code §§ 30-3-150 to 30-3-169.3.

Best-interests factors in Alabama

Courts apply the best-interests standard, weighing the child’s relationship with each parent, safety, stability, parental capacity, and history of domestic violence or substance abuse.

Legal custody, physical custody, and parenting time

Joint or sole legal custody and joint or sole physical custody; parenting-time schedules implement physical custody.

Statutory preference for joint custody when both parents are fit, but joint custody is not automatic—the court must still find it serves the child’s best interests.

Frequently asked questions

What does Alabama call “custody”?