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How to Get Custody of Your Child in an Alabama Divorce

Posted by Sam P. Dixon, III | Jun 16, 2025 | 0 Comments

How to Get Custody of Your Child in an Alabama Divorce

Divorce is difficult — and when children are involved, it can be even more emotionally charged. If you're a parent going through a divorce in Alabama, one of your biggest concerns is likely: "Will I get custody of my child?"

At Dixon Law, we help parents across Alabama protect their parental rights and prioritize the best interests of their children. Here's what you need to know about getting custody in an Alabama divorce.

Types of Child Custody in Alabama

There are two main types of custody the courts consider:

1. Legal Custody

  • The right to make decisions about the child's education, healthcare, religion, and welfare.

  • Often shared by both parents (joint legal custody).

2. Physical Custody

  • Refers to where the child lives day-to-day.

  • One parent may have primary physical custody, with the other having visitation, or it can be shared.

How Do Alabama Courts Decide Custody?

Alabama courts use the “best interest of the child” standard. The judge will consider factors such as:

  • Each parent's relationship with the child

  • Stability of the home environment

  • The child's needs and preferences (if mature enough)

  • History of abuse, neglect, or substance abuse

  • The ability of each parent to support the child emotionally and financially

Can I Get Sole Custody?

Yes, but it's not common unless the other parent poses a risk to the child's safety or well-being (e.g., abuse, neglect, addiction).

Most judges prefer some form of joint custody, unless there's a compelling reason not to.

What You Can Do to Improve Your Custody Case

If you're seeking custody, here are some steps you can take now:

  • Be involved: Stay active in your child's life — attend school events, doctor's visits, etc.

  • Keep records: Document interactions, support provided, and any troubling behavior from the other parent.

  • Avoid conflict: Stay civil in communications and avoid social media rants.

  • Follow court orders: If there's a temporary custody order, follow it closely.

  • Work with a trusted attorney: You need someone who knows Alabama custody law and can present your case clearly.

Dixon Law Is Here to Fight for You

Attorney Sam Dixon understands how much is at stake when you're fighting for your child. We'll listen, build a strong case, and stand by you every step of the way.

Whether you're seeking primary custody, joint custody, or need to modify an existing order — we can help.

Schedule a Free Consultation

Call us today at (205) 616-8896 or contact us online to discuss your child custody case confidentially.

Serving Birmingham and surrounding counties with aggressive, compassionate legal counsel.

About the Author

Sam P. Dixon, III

Mr. Sam P. Dixon, III was born in Mobile, Alabama. The great-grandson of the Alabama Governor, Frank Dixon, Sam has come from a long family history of politics and the legal profession. Mr. Dixon always admired and respected the legal profession and aspired to help people obtain justice and fairn...

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