Divorce online - Divorce forms - Do it yourself divorce - Divorce papers - Divorce form - No-fault divorce - Uncontested
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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Custody of any children of the Marriage may be granted to either parent. Factors to be considered are:
(1) the age and sex of the child; (2) the safety and well being of the child; and (3) the moral character of the parents.
The wishes of the child are also a factor to be considered. There is a Legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse. Alabama officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. Factors to be considered are:
(1) parental custody agreement; (2) parental cooperation; (3) parental ability to encourage love and sharing; (4) any history of abuse; and (5) geographic proximity of parents.
Joint custody may be awarded. However, if the wife abandons the husband and the children are over 7 years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights. [Code of Alabama: Title 30, Chapters 3-1 to 3-200; and Alabama Case Law].
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