Family Court in Alabama: What Survivors Need to Know (Custody, Visitation & Child Support)

In Alabama, family law cases (divorce, custody, and paternity) are heard in either Circuit Court or Juvenile Court, depending on whether you were married to the other parent.

For survivors of domestic violence, Alabama has specific laws designed to protect you and your children—most notably the "Presumption" statute that makes it difficult for an abuser to get custody. However, knowing exactly how to trigger these protections is critical.

1. The "Rebuttable Presumption" (Section 30-3-131)

This is the most powerful tool for survivors in Alabama law.

• The Law: Under Alabama Code § 30-3-131, if the court determines that domestic violence has occurred, there is a rebuttable presumption that it is detrimental for the child to be placed in the custody (sole or joint) of the abuser.

• What this means: The judge starts with the assumption that the abuser should not have custody. The abuser then has to prove (rebut) that they are safe—often by showing completion of a certified batterer's intervention program and a long period of safety.

• Defining Violence: The law covers physical abuse, threats, and placing you in reasonable fear of harm.

2. Protection From Abuse Orders (PFA)

A PFA is a civil court order specifically for victims of domestic violence.

• How to get it: You can file a petition at the Circuit Clerk's office. You do not need a lawyer, though it helps. You can request an Ex Parte (temporary) order immediately if you are in danger.

• What it does:

  • Orders the abuser to stay away from your home and work.

  • Can grant you temporary custody of the children.

  • Can order the abuser to pay temporary support.

  • Can order the abuser to surrender firearms (under federal and state restrictions).

• The Hearing: A full hearing is usually held within 14 days to make the order "permanent" (usually for 1 year or more).

3. Mediation: You Can Be Exempt

Alabama courts frequently order "mandatory mediation" to clear their dockets.

• The Danger: Mediation requires you to negotiate with the other party. In abusive relationships, this power imbalance can be dangerous.

• The Exemption: Under Alabama law (Section 6-6-20), the court cannot order you into mediation if:

  • There is a Protection from Abuse (PFA) order in effect.

  • The court finds that domestic violence has occurred.

• Action Item: If a judge or clerk mentions mediation, inform them immediately of any history of violence or active PFAs to trigger this exemption.

4. Relocation: The "45-Day Rule"

Alabama has a strict "Parent-Child Relationship Protection Act."

• The Rule: If you want to move more than 60 miles away (or across state lines), you generally must give the other parent 45 days' notice by certified mail.

• Safety Exception: If giving this notice (specifically your new address) would endanger you or the child, you do not have to disclose the address in the notice. However, you must still notify the court. You should file a motion asking the court to waive the disclosure requirements due to safety concerns before you move, if possible.

5. Child Support (Rule 32)

Alabama uses the "Income Shares Model" to calculate support.

• Calculation: It is based on the combined gross income of both parents.

• Domestic Violence Deviation: While the formula is standard, judges can deviate from the guidelines if adhering to them would be unjust. Additionally, if you are receiving TANF (welfare) due to fleeing abuse, the state can help collect support for you, but you can ask for a "Good Cause" waiver to avoid the state pursuing the abuser if doing so would endanger you.

Frequently Asked Questions (FAQ)

Q1: What is the difference between Legal and Physical Custody in Alabama?

• Legal Custody: Decision-making power (school, religion, health).

• Physical Custody: Who the child lives with.

• Note: Even if the abuser gets "visitation" (time with the child), you can fight for Sole Legal Custody so they cannot use decision-making to control you.

Q2: Can I record my abuser to prove the violence?

Yes. Alabama is a "one-party consent" state. This means you can legally record a conversation you are part of without the other person's permission. These recordings can be powerful evidence in a custody hearing to prove threats or verbal abuse.

Q3: I can’t afford a lawyer. Who can help?

Legal Services Alabama (LSA) provides free civil legal aid to low-income residents. They have a specific focus on domestic violence cases and can help with PFAs and divorce. Call 1-866-456-4995.

Q4: Will the judge care about "emotional abuse"?

While physical violence triggers the § 30-3-131 presumption most clearly, Alabama courts are required to consider the "Best Interests of the Child." Evidence of emotional abuse, stalking, or isolating behavior helps prove that the other parent is unfit, even if it doesn't automatically trigger the statutory presumption.

Q5: My ex threatened to stop paying the mortgage if I leave. What can I do?

You can ask the judge for a "Pendente Lite" (temporary) order. This can require your spouse to continue paying marital debts (like the mortgage or car note) and pay temporary support while the divorce is pending.

References & Resources

• Legal Services Alabama: 1-866-456-4995 (Free legal aid).

• Alabama Coalition Against Domestic Violence (ACADV): 1-800-650-6522 (Shelter referrals).

• One Place of the Shoals / Family Justice Centers: Multi-agency centers in Birmingham, Mobile, and other cities where you can talk to police, DHR, and advocates in one building.

• Legislation: Code of Alabama § 30-3-131 (Custody Presumption), § 30-5-1 (PFA Act).