What Factors Does a Judge Consider When Awarding Custody in Alabama

What factors does a judge consider when determining who gets awarded custody of the children? A contested divorce is stressful for everyone, so the judge will make a decision that is in the child’s best interest.  Types of Custody Factors in Alabama

Judges look at both parent’s ability to meet children’s basic needs, those being the children’s health, safety, and welfare. Judges will look at whether one or both parents’ ability to handle a child’s special educational, medical, mental health, and other needs. 

Judges will consider how well the parents have previously worked together to establish a parenting schedule. Additionally, they’ll be on the lookout for indications that each parent is eager to help their child develop positive ties with the other parent. In a custody dispute, the more amicable parents will frequently prevail.

Prior to the divorce in Birmingham, the previous parents’ interactions with their kids will be taken into account. Judges will consider how each parent has historically cared for and spent time with their children. Obviously, a judge will restrict the abusive parent’s contact with the children where there is demonstrable evidence of child abuse or neglect.

If judges do grant visitation in these situations, it is typically closely monitored and regulated to safeguard the kids from potential emotional or physical harm. Judges tend to favor maintaining the status quo when it comes to children since most of them think that adding more change to the already difficult divorce transition is often bad for children.

Judges may consider the child’s connections to the existing school and community, among other considerations in your contested divorce in Bessemer, Alabama. Usually, the judge gives the house to the parent who has physical custody of the kids since that will ensure that their lives are stable and consistent.

Sometimes, for the same reason, the judge grants custody to the parent who will remain in the family home. The judge’s decision about custody may also be influenced by how close your residence is to your spouse’s. Children who have parents who reside in the same neighborhood can participate in the same social, sporting, and religious events regardless of which parent they are seeing on any given day.

Judges may question children to find out where they want to live and how much time they want to spend with each parent, depending on the state and the children’s maturity. Or, judges might hear from a custody evaluator what the kids think. Judges may listen to the opinions of younger children when appropriate, but some jurisdictions have age thresholds that must be met before they can be asked about their wishes for custody. In other places, the criteria aren’t as much about the child’s age as it is about their capacity to formulate a well-reasoned opinion.

The gender of the parents is not supposed to be a factor to be considered in custody decisions, but some states still allow judges to consider the children’s age. If you have reached an agreement and are doing an uncontested divorce in Morgan County or anywhere else in Alabama, then the judge just approves your agreement. However, if you are considering filing for custody or custody is in dispute in your contested divorce then it is advisable that you consult with a local divorce attorney in Trussville or wherever you live before you proceed.

Quick Contact

Choose from the office locations above for contact details



Fill Out a Questionnaire

Get started


Make Payment