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Understanding Child Custody in Jefferson and Shelby County, Alabama

Posted by Sam P. Dixon, III | Jul 02, 2024 | 0 Comments

Understanding Child Custody in Jefferson and Shelby County, Alabama

Navigating family law can be a challenging experience, especially when it involves sensitive issues like child custody. As a dedicated attorney at Dixon Law, LLC in Birmingham, Alabama, I, Sam P. Dixon III, have seen firsthand how crucial it is for parents to understand their rights and obligations when it comes to their children. In Jefferson and Shelby County, child custody remains one of the most searched and discussed topics among families undergoing legal transitions. This blog post aims to shed light on the essentials of child custody in these counties.

Types of Child Custody in Alabama

In Alabama, child custody can be divided into two main categories: physical custody and legal custody.

  1. Physical Custody: This pertains to where the child will live. It can be:

    • Sole Physical Custody: Where the child lives primarily with one parent while the other parent may have visitation rights.
    • Joint Physical Custody: Where the child spends significant time living with both parents.
  2. Legal Custody: This involves the right to make important decisions about the child's upbringing, including education, healthcare, and religious training. It can be:

    • Sole Legal Custody: One parent has the exclusive right to make these decisions.
    • Joint Legal Custody: Both parents share the decision-making responsibilities.

Factors Considered by Alabama Courts

When determining child custody, Alabama courts prioritize the best interests of the child. Several factors are considered, including:

  • Child's Age and Health: Younger children might need more stability and routine, while older children may have their preferences considered.
  • Parental Stability: Each parent's ability to provide a stable, loving, and safe environment.
  • Parental Involvement: The extent to which each parent has been involved in the child's life and their willingness to continue doing so.
  • Child's Preference: Depending on the child's age and maturity, their preference may be considered.
  • Parental Cooperation: The ability of each parent to cooperate with the other to make joint decisions for the child's benefit.

The Process of Determining Custody

The process typically involves the following steps:

  1. Filing a Petition: The parent seeking custody must file a petition with the family court.
  2. Mediation: Many cases are directed to mediation to help parents reach an agreement without a trial.
  3. Court Evaluation: If mediation fails, the court evaluates the case considering the factors mentioned above.
  4. Custody Hearing: Both parents present their cases, and the judge makes a determination based on the child's best interests.

Modifying Custody Orders

Custody arrangements are not set in stone. If there are significant changes in circumstances, such as a parent's relocation or changes in the child's needs, custody orders can be modified. It's essential to demonstrate that the modification is in the best interest of the child.

Legal Assistance from Dixon Law, LLC

At Dixon Law, LLC, we understand that child custody issues can be emotionally taxing and complex. As an experienced family law attorney serving Jefferson and Shelby County, I am committed to guiding you through this challenging process with compassion and expertise. Whether you are seeking to establish custody or modify an existing order, our team is here to provide you with the legal support you need.

For personalized assistance and a comprehensive understanding of your custody rights, please contact Dixon Law, LLC in Birmingham, Alabama. Let us help you secure the best possible outcome for you and your children.


Feel free to reach out to Dixon Law, LLC for any questions or to schedule a consultation. Your family's future is our priority.


Sam P. Dixon III, Attorney at Law, Dixon Law, LLC, Birmingham, Alabama.

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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