Child Custody and Domestic Violence in Alabama: A Survivor’s Guide

Understanding Child Custody and Domestic Violence in Alabama

If you are living with domestic violence or have left an abusive relationship, it is completely understandable to worry about what will happen with your children. Many survivors stay longer or return to unsafe situations because they are afraid of losing custody or being forced into unsafe visitation.

In Alabama, courts must consider domestic or family violence when making child custody and visitation decisions. This guide explains how that works, what judges look at, and what options you may have to help protect yourself and your children.

This information is meant to empower you with knowledge. It is not your fault that abuse is happening or has happened. You deserve safety and support.

Key Terms in Alabama Child Custody Cases

Before diving into how domestic violence affects custody, it helps to understand some basic terms used in Alabama family courts.

Legal custody vs. physical custody

Legal custody: The right to make major decisions about a child, such as:

• Education

• Medical care

• Religious upbringing

• Major activities

Physical custody: Where the child lives most of the time.

Alabama courts can award:

• Sole legal custody – One parent makes major decisions.

• Joint legal custody – Parents share decision-making.

• Sole physical custody – Child primarily lives with one parent.

• Joint physical custody – Child spends significant time with each parent (not necessarily 50/50).

Visitation (parenting time)

Visitation (sometimes called “parenting time”) refers to time with the parent who does not have primary physical custody. In domestic violence cases, visitation may be:

• Unsupervised

• Supervised

• Limited

• Restricted or denied (rare)

How Alabama Law Treats Domestic Violence in Custody Cases

Alabama law specifically addresses domestic or family violence in custody decisions. The court’s main focus is always the best interests of the child.

Domestic or family violence creates a presumption

If the court finds that a parent has committed domestic or family violence, there is a rebuttable presumption that giving that parent:

• Sole or joint physical custody, or

• Sole or joint legal custody

is not in the child’s best interest.

What counts as domestic or family violence?

Alabama law considers a range of abusive behaviors, including:

• Physical harm

• Threats

• Stalking or harassment

• Certain criminal offenses

You do not need a criminal conviction. The judge may consider:

• PFA orders

• Police reports

• Medical records

• Witness statements

• Your testimony

The child’s exposure matters

Courts consider whether a child:

• Witnessed violence

• Heard threats or incidents

• Was used as a tool to control the survivor

• Was directly harmed or threatened

Exposure alone can affect custody decisions.

Best Interests of the Child in Alabama

Judges consider many factors when determining the child’s best interests, such as:

• Safety and stability of each home

• History of violence

• Parent–child relationships

• Physical, emotional, and educational needs

• Substance abuse or mental health concerns

• Willingness to support a healthy relationship with the other parent (except where unsafe)

Domestic violence can impact all of these factors.

How Domestic Violence Can Affect Custody Outcomes

1. Limits on custody for the abusive parent

The court may:

• Deny joint custody

• Award sole legal/physical custody to the survivor

• Require supervised visitation

• Limit overnight visits

• Require safe exchange locations

2. Safety-focused visitation orders

Conditions may include:

• Supervised visits

• No substance use

• No overnights

• Safe exchange locations

• No direct contact between parents

3. Considering abusive behavior in decisions

Judges may evaluate whether the abusive parent has:

• Completed intervention programs

• Followed court/PFA orders

• Addressed substance use or mental health issues

• Stopped abusive behavior

Program completion does not guarantee custody.

Protection From Abuse (PFA) Orders and Temporary Custody

A PFA in Alabama can include temporary custody and visitation terms.

How a PFA helps

A PFA may:

• Grant temporary custody

• Set supervised visitation

• Order stay-away provisions

• Establish safe exchange rules

These are temporary but important safety tools.

Getting a PFA in Alabama

You can request a PFA:

• At your county courthouse

• Through a shelter or advocacy group

• With a lawyer’s help

Emergency (ex parte) PFAs may be issued first, followed by a full hearing.

Evidence of Domestic Violence in Custody Cases

You do not need proof beyond a reasonable doubt. Helpful evidence can include:

• PFA orders

• Police reports

• Medical records

• Photos

• Messages (texts, emails, social media)

• Voicemails/recordings (Alabama is generally one-party consent—check with a lawyer)

• Witness statements

• School/daycare records

Safety first

If gathering evidence puts you at risk:

• Use a safe device

• Store copies with trusted people

• Use secure cloud storage

Step-by-Step: How a Custody Case May Work in Alabama

1. Filing a case

Custody may be decided in:

• Divorce

• Paternity/custody action

• Modification

• PFA case

2. Temporary (pendente lite) orders

These may address:

• Temporary living arrangements

• Visitation

• Child support

• Safety measures

3. Discovery and information gathering

Both sides exchange documents. A guardian ad litem (GAL) may be appointed.

4. Mediation (may not be safe)

Mediation can be unsafe in DV cases. Courts may:

• Excuse mediation

• Offer separate rooms (“shuttle mediation”)

• Allow remote participation

5. Settlement or trial

If no agreement is reached, the court holds a trial and makes final orders.

Safety Planning Around Custody and Visitation

For court

• Ask for a safe waiting area

• Bring support if allowed

• Arrive/leave separately

• Carry copies of court orders

For exchanges

• Use public, well-lit areas

• Request third-party exchanges

• Keep communication brief

• Use court-recommended apps

For children

• Teach age-appropriate safety steps

• Share custody orders with schools

• Create a simple emergency plan

Working With Lawyers and Advocates in Alabama

Lawyers

Options include:

• Private attorneys

• Legal aid

• Clinics

Advocates

They can help with:

• Safety planning

• Court preparation

• Emotional support

• Resource connections

Find local advocates through:

• Alabama Coalition Against Domestic Violence (ACADV)

• Local hotlines

Common Concerns Survivors Have About Custody in Alabama

“Will I lose my children if I leave?”

Leaving does not mean losing custody. Courts must consider domestic violence.

“What if the abusive parent threatens to take the children?”

Document threats (if safe), and consider legal options like PFAs or emergency custody.

“My child is afraid to visit. Will the court listen?”

Courts consider the child’s fears, maturity, and input from GALs or counselors.

“The abuse was mostly against me. Does it matter?”

Yes. Abuse against a parent affects the child and is considered in custody decisions.

Taking Care of Yourself While Navigating Custody

Consider:

• Counseling

• Support groups

• Child therapy

• Support networks

You deserve safety and support.

Next Steps

Consider:

1. Talking with a DV-informed lawyer

2. Contacting a local DV program

3. Learning about Alabama’s custody and PFA laws

4. Safely documenting incidents

You are not alone.

Suggested Internal Links

• Alabama DV legal guide → /alabama/domestic-violence-law-guide

• Alabama PFA orders → /alabama/protection-from-abuse-orders

• Safety planning for parents → /alabama/dv-safety-plan-parents

• Find Alabama DV lawyers → /alabama/domestic-violence-lawyers

• Custody FAQ → /alabama/child-custody-faq

Frequently Asked Questions

How does domestic violence affect child custody decisions in Alabama?

Courts apply a rebuttable presumption against granting custody to a parent who committed domestic violence. Judges focus on safety, history of violence, and the child’s needs.

Can I get temporary custody through a PFA?

Yes. PFAs can include temporary custody, supervised visitation, and safe exchange rules.

Will the court believe me without police reports?

Yes. Many forms of evidence are accepted, including testimony, messages, medical records, and witnesses.

Can an abusive parent get joint custody?

It is difficult but possible if they present strong evidence to overcome the presumption. Courts prioritize safety.

Can visitation be supervised?

Yes. Courts can order supervised or restricted visitation with safety conditions.

Do I have to mediate?

Not always. Mediation may be excused or modified in DV cases.

At what age can a child choose?

There is no set age. Judges consider the child’s maturity and whether fear or pressure is involved.

Where can I get help if I cannot afford a lawyer?

Legal aid, clinics, DV shelters, and advocacy organizations can assist.