What is joint custody v primary custody in Gadsden, Alabama?

In Gadsden and Etowah County, Alabama child custody cases, the law Section 30–3–150 requires that “minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage but joint custody does not necessarily mean equal physical custody.”

So, when people say “joint custody” it does not actually mean what people think it means. People generally think this means 50/50 custody or equal time. But the law does not require “equal physical custody.” It just requires “frequent and continuing contact with parents” that can act right and help raise their kids.

The exact definitions for custody terms that are used are found in Ala. Code 30–3–151:

For the purposes of this article the following words shall have the following meanings:

(1) JOINT CUSTODY. Joint legal custody and joint physical custody.

(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.

(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.

(4) SOLE LEGAL CUSTODY. One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.

(5) SOLE PHYSICAL CUSTODY. One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.

So what does this mean for your case. Each county treats things differently. For instance, in cases that we have in Marshall County and Calhoun County the courts are much more likely to give 50/50 custody or week on, week off custody to the non-custodial parent. In Etowah County, courts are generally going to give both parties “joint legal custody” with one parent designated as the primary custodial parent.

Judges must first consider joint custody when making a determination. However, the judge may award any form of custody which is determined to be in the best interest of the child.

What factors will a Gadsden or Etowah County judge consider when determining “joint custody”?

(1) The agreement or lack of agreement of the parents on joint custody.

(2) The past and present ability of the parents to cooperate with each other and make decisions jointly.

(3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.

(4) Any history of or potential for child abuse, spouse abuse, or kidnapping.

(5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.

Can the Gadsden or Etowah County judge Order joint custody if one party requests it but the other does not?

Absolutely. The judge may order a form of joint custody without the consent of both parents, if it is in the best interest of the child.

Can a judge give sole custody to one parent even if both parties request joint custody?

Yes, but the presumption is that joint custody is in the best interest of the child. Joint custody shall be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted.

There are 6 different categories of decisions that parents with joint custody make:

1. Extracurricular activities

2. Education

3. Medical

4. Civic

5. Religion

6. Cultural

Joint custody means that each of you are to discuss before making a decision. However, the primary parent gets to make the final decision.

For more information, visit our website at http://danibone.com/PracticeAreas/childcustody.php.

If you have questions about joint custody or primary custody please email me at samueldanibone@gmail.com.