How It Works – Alabama Divorce Online

Step 1: Document Drafting
You complete a simple online questionnaire.
A licensed Alabama attorney prepares your divorce documents.

Step 2: Legal Compliance
You and your spouse sign and notarize the documents.

Step 3: Court Filing
The attorney conducts a final review and e-files your case with the appropriate Circuit Court.

Step 4: Divorce Granted
The court reviews your case and issues the Final Judgment of Divorce.

START YOUR DIVORCE

Child Visitation and Parental Responsibility in an Alabama Divorce

In Alabama, custody-related matters are addressed using the legal terms “visitation” and “parental responsibility”. Visitation refers to the time each parent spends with the child, while parental responsibility refers to decision-making authority over the child’s welfare.

Visitation in Alabama

Alabama courts encourage both parents to maintain frequent and meaningful contact with their children following a divorce. Visitation arrangements are typically outlined in a Parenting Plan, which may be created by agreement between the parents or, if necessary, ordered by the court.

A Parenting Plan typically includes:

  • Weekday and weekend overnights
  • Holiday schedules
  • Summer and school break schedules
  • Transportation arrangements and exchange locations

The level of detail in a Parenting Plan can vary based on the parents’ ability to communicate and cooperate. When parents can agree, the plan may be more flexible. If not, the court may require a more detailed and structured schedule to avoid confusion.

Best Interests of the Child

If the parents cannot agree on a Parenting Plan, the court will establish one based on the best interests of the child. Factors considered may include:

  • The child’s age and needs
  • The stability of each household
  • The ability of each parent to support the child’s emotional and physical development
  • Proximity of the parents’ homes to the child’s school and activities

The court does not favor one parent over the other based on gender.

Parental Responsibility

Parental responsibility refers to the right to make decisions about important aspects of the child’s life, such as:

  • Medical and dental care
  • Education
  • Religious upbringing

Alabama law requires that these areas be addressed in every Parenting Plan submitted for court approval.

Residency and Relocation

One parent will typically be designated as having primary physical residence of the child for purposes such as school zoning or out-of-state legal recognition.

Under Alabama’s relocation laws, a parent may not move a child more than 60 miles from their current residence without the consent of the other parent or approval from the court. Moves within 60 miles generally do not require prior notice or court involvement.

Visitation Flexibility and Cooperation

While Parenting Plans are specific and enforceable, Alabama courts encourage parents to work together to adapt the schedule as needed to meet the child’s evolving needs. This may include adjusting for school activities, travel, or special events, so long as both parents agree.

Each Parenting Plan is incorporated into the Final Judgment of Divorce and becomes legally binding once approved by the court.

Begin your case with Alabama Divorce Online

How It Works – Alabama Divorce Online

Step 1: Document Drafting
You complete a simple online questionnaire.
A licensed Alabama attorney prepares your divorce documents.

Step 2: Legal Compliance
You and your spouse sign and notarize the documents.

Step 3: Court Filing
The attorney conducts a final review and e-files your case with the appropriate Circuit Court.

Step 4: Divorce Granted
The court reviews your case and issues the Final Judgment of Divorce.

START YOUR DIVORCE