Can the kids decide who gets custody?
Can a minor child choose which parent to live with in Alabama?
When parents in Alabama go through a divorce, or a custody dispute, one of their most pressing concerns is the location of the child. Many parents wonder if their child can have a say. Although a child’s preferences can be taken into consideration, they are not the only deciding factor. Alabama law gives minor children the right to choose which parent they want to live with.
The Role of the Child’s Preference in Custody Decisions
Under Alabama law, family courts prioritize the best interests of the child when making custody determinations. According to
Ala. The court will consider a number of factors when deciding custody matters. Instead, the judge evaluates the child’s reasoning, emotional maturity, and understanding of the situation.Factors Considered by Alabama CourtsWhen deciding custody matters, Alabama courts weigh multiple factors, including:
The emotional, social, and educational needs of the child.
The ability of each parent to provide a stable environment.
- The existing relationship between the child and each parent.
- Any history of abuse, neglect, or substance abuse by either parent.
- The willingness of each parent to encourage a healthy relationship between the child and the other parent.
- The child’s preference, if they are deemed mature enough to express a reasoned choice.
- At What Age Can a Child’s Preference Be Considered?
- While Alabama law does not set a specific age at which a child’s preference is determinative, courts often give more weight to the opinions of older, more mature children. Teenagers’ preferences are more influential than those of younger kids. However, even if a child expresses a strong preference, the court must still assess whether that choice aligns with the child’s best interests.
Can a Child Refuse to Visit a Parent?
Once a custody order is in place, both parents are legally required to abide by it, including any visitation schedules. A minor child can’t unilaterally decide not to visit a parent. If there are valid concerns, such as safety issues, the custodial parent should get a local family law attorney to seek a modification of the custody order through the court.
Modifying Custody Based on a Child’s Preference
If a child wishes to change their living arrangement, the custodial parent (or the non-custodial parent seeking custody) must petition the court for a modification. The parent requesting the change must demonstrate that there has been a “material change in circumstances” and that the modification is in the child’s best interests.
Conclusion
While Alabama courts do consider a child’s preference in custody cases, that preference is just one of many factors in the decision-making process. The final decision is made based on a child’s best interest, which ensures they are placed in an environment that is stable, supportive and loving. If you have questions about child custody in Alabama, consulting with a knowledgeable family law and divorce attorney can help you understand your rights and options.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris strives to provide information in a format that is easy to understand. We hope you enjoyed the article and welcome any feedback. We love to hear from our readers!
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