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Alabama Child Custody Factors

In Alabama, the court may grant the custody and education of the children of the marriage to either parent, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, the father shall have the custody of the children after they are 7 years of age, if he is a suitable person to have such charge.

The circuit court has power, on the motion of either party, 20 days’ notice thereof being given to the other, to permit either parent to have the custody and control of the children and to superintend and direct their education, having regard to the prudence, ability and fitness of the parents, and the age and sex of the children. (Code of Alabama - Title 30 - Chapters: 3-1)

In Alabama, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they canít, the court will do it for them. You can also read more about Alabama child custody in the Alabama state statutes located at: http://www.legislature.state.al.us.