Alabama Custody Modification Agreement

AGREEMENT TO MODIFY CHILD CUSTODY ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

[________________________________], Petitioner/Parent A

v.

[________________________________], Respondent/Parent B

PREAMBLE AND RECITALS

This Agreement to Modify Child Custody Order ("Agreement") is entered into on [__/__/____] by and between:

Parent A: [________________________________] ("Parent A"), residing at [________________________________], [________________________________], Alabama [____]

Parent B: [________________________________] ("Parent B"), residing at [________________________________], [________________________________], Alabama [____]

(collectively, the "Parents")

WHEREAS, the Parents are parties to a prior custody order entered on [__/__/____] in Case No. [________________________________] by the Circuit Court of [________________________________] County, Alabama (the "Original Order");

WHEREAS, since entry of the Original Order, a material change in circumstances has occurred, as described below, that warrants modification of the existing custody arrangement;

WHEREAS, pursuant to the standard established in Ex parte McLendon, 455 So. 2d 863 (Ala. 1984), the Parents agree that (1) a material change in circumstances has occurred, (2) the proposed modification materially promotes the child(ren)'s best interests, and (3) the benefits of the modification more than offset any disruptive effect of the change;

WHEREAS, the Parents have considered the best interest factors set forth in Ala. Code § 30-3-152 and the policies declared in Ala. Code § 30-3-150;

NOW, THEREFORE, in consideration of the mutual covenants herein and the best interests of the minor child(ren), the Parents agree as follows:

ARTICLE I — IDENTIFICATION OF MINOR CHILD(REN)

ARTICLE II — ORIGINAL ORDER AND MATERIAL CHANGE IN CIRCUMSTANCES

2.1 Original Custody Arrangement

The Original Order dated [__/__/____] established the following custody arrangement:

• Legal Custody: [________________________________]
• Physical Custody: [________________________________]
• Parenting Time Schedule: [________________________________]
• Court and Case Number: Circuit Court of [________________________________] County, Alabama, Case No. [________________________________]

2.2 Material Change in Circumstances

The Parents acknowledge and agree that the following material change(s) in circumstances have occurred since entry of the Original Order:

[________________________________]
[________________________________]
[________________________________]

2.3 McLendon Standard Certification

Consistent with the three-pronged standard of Ex parte McLendon, 455 So. 2d 863 (Ala. 1984), the Parents jointly certify:

☐ A material change in circumstances has occurred since entry of the Original Order

☐ The proposed modification will materially promote the best interests of the child(ren)

☐ The positive good brought about by the modification more than offsets the inherently disruptive effect of uprooting the child(ren)

Note: Alabama courts apply the McLendon standard strictly. The burden of proof falls on the party seeking modification. Where the original custody award was made by agreement rather than judicial determination, Alabama appellate courts have debated whether a lesser standard applies. Consult Alabama counsel regarding the applicable standard for your case.

ARTICLE III — MODIFIED CUSTODY PROVISIONS

3.1 Modified Legal Custody

☐ Joint Legal Custody (Ala. Code § 30-3-151(2)): Both Parents shall share equal rights and responsibilities for major decisions concerning the child(ren), including education, health care, and religious training.

☐ Sole Legal Custody to Parent A (Ala. Code § 30-3-151(4)): Parent A shall have the right and responsibility to make major decisions concerning the child(ren).

☐ Sole Legal Custody to Parent B (Ala. Code § 30-3-151(4)): Parent B shall have the right and responsibility to make major decisions concerning the child(ren).

☐ No Change from Original Order.

3.2 Modified Physical Custody

☐ Joint Physical Custody (Ala. Code § 30-3-151(3)): Physical custody shall be shared so as to assure the child(ren) frequent and substantial contact with each Parent according to the schedule in Section 3.3.

☐ Primary Physical Custody to Parent A: The child(ren) shall reside primarily with Parent A. Parent B shall have parenting time as set forth in Section 3.3.

☐ Primary Physical Custody to Parent B: The child(ren) shall reside primarily with Parent B. Parent A shall have parenting time as set forth in Section 3.3.

☐ No Change from Original Order.

3.3 Modified Parenting Time Schedule

Previous Schedule: [________________________________]

New Schedule Effective [__/__/____]:

Regular School-Year Schedule:

• Parent A's time: [________________________________]
• Parent B's time: [________________________________]

Summer Schedule:

• Parent A's time: [________________________________]
• Parent B's time: [________________________________]

Exchange Location: [________________________________]
Transportation Responsibility: [________________________________]

3.4 Modified Holiday and Special Occasion Schedule

☐ No Change to holiday schedule from Original Order.

3.5 Alabama Best Interest Factors Analysis (Ala. Code § 30-3-152)

The Parents have considered the following factors in reaching this modified arrangement:

☐ The agreement of the Parents on the modified custody arrangement
☐ The past and present ability of the Parents to cooperate and make decisions jointly
☐ The ability of each Parent to encourage sharing of love, affection, and contact with the other Parent
☐ Any history of or potential for child abuse, spouse abuse, or kidnapping
☐ The geographic proximity of the Parents to each other as it relates to practical considerations of the custody arrangement
☐ The reasonable preference of the child(ren), if of sufficient age and maturity (Ala. Code § 30-3-152(a))
☐ The stability of the existing custodial arrangement and the desirability of maintaining continuity

Child's Preference (if applicable): [________________________________]
Ages of child(ren) expressing preference: [________________________________]

ARTICLE IV — RELOCATION PROVISIONS

4.1 Alabama Parent-Child Relationship Protection Act

The Parents acknowledge that relocation of a child's principal residence is governed by Ala. Code §§ 30-3-160 through 30-3-169 (Alabama Parent-Child Relationship Protection Act). Key requirements include:

• A parent proposing relocation must provide notice by certified mail at least 45 days before the proposed move (Ala. Code § 30-3-165)
• The statute applies to moves of more than 60 miles from the non-relocating parent, or any move across state lines (Ala. Code § 30-3-163)
• There is a rebuttable presumption that relocation is not in the child's best interest (Ala. Code § 30-3-169.1)
• The non-relocating parent has 30 days from receipt of notice to file an objection (Ala. Code § 30-3-169)

4.2 Current Geographic Restrictions

☐ Neither Parent shall relocate the child(ren)'s principal residence more than 60 miles from the other Parent without compliance with Ala. Code § 30-3-160 et seq.

☐ Other restriction: [________________________________]

☐ No Change from Original Order.

ARTICLE V — DOMESTIC VIOLENCE DISCLOSURE (Ala. Code § 30-3-131)

The Parents acknowledge that under Ala. Code § 30-3-131, a court determination that domestic or family violence has occurred raises a rebuttable presumption that custody with the perpetrator is detrimental to the child and not in the child's best interest.

☐ Neither Parent has a history of domestic or family violence

☐ The following history of domestic or family violence exists and has been disclosed to the Court: [________________________________]

ARTICLE VI — PARENTING EDUCATION AND GUARDIAN AD LITEM

6.1 Mandatory Parenting Education

☐ Both Parents have completed or shall complete a court-approved parenting education program as required by the Circuit Court of [________________________________] County, Alabama

☐ Certificate of completion dates: Parent A: [__/__/____] / Parent B: [__/__/____]

6.2 Guardian ad Litem

☐ A Guardian ad Litem has been appointed pursuant to Ala. Code § 26-2A-52 to represent the interests of the child(ren) in this matter: [________________________________]

☐ No Guardian ad Litem has been appointed

6.3 Mediation

☐ The Parents have participated in mediation as required or recommended by the Circuit Court of [________________________________] County

☐ Mediation is not required or has been waived

Note: Mediation requirements vary by judicial circuit. Jefferson County (10th Judicial Circuit), Madison County (23rd Judicial Circuit), and Mobile County (13th Judicial Circuit) have specific mediation programs and local rules.

ARTICLE VII — DECISION-MAKING AUTHORITY

7.1 Major Decisions

If joint legal custody is awarded, the Parents shall consult and agree on major decisions including:

7.2 Emergency Medical Decisions

The Parent exercising physical custody at the time of a medical emergency shall have authority to make emergency medical decisions and shall notify the other Parent as soon as practicable.

7.3 Dispute Resolution for Decision-Making Deadlocks

If the Parents cannot agree on a major decision after good-faith consultation:

☐ The Parents shall submit the dispute to mediation before filing a motion with the Court
☐ Parent [____] shall have tie-breaking authority on [________________________________]
☐ The Parents shall petition the Court for resolution

ARTICLE VIII — COMMUNICATION AND INFORMATION SHARING

8.1 Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through: ☐ Telephone ☐ Text message ☐ Email ☐ Co-parenting application ([________________________________]) ☐ Other: [________________________________]

8.2 Parent-Child Communication

Each Parent shall facilitate reasonable telephone and/or video communication between the child(ren) and the other Parent during their custodial time, at minimum: [________________________________]

8.3 Access to Records

Both Parents shall have full and equal access to all school, medical, dental, and mental health records of the child(ren), regardless of which Parent has legal custody. Each Parent shall be listed as an emergency contact at the child(ren)'s school and with health care providers.

8.4 Non-Disparagement

Neither Parent shall make disparaging or negative remarks about the other Parent in the presence or hearing of the child(ren), and neither Parent shall allow others to do so.

ARTICLE IX — CHILD SUPPORT ADJUSTMENT

☐ Child support shall be recalculated pursuant to Rule 32, Alabama Rules of Judicial Administration (ARJA), based on the modified custody arrangement. The Parents acknowledge that Alabama child support guidelines apply, including the Shared Physical Custody Application (SPCA) under Rule 32(C)(7)(b) if applicable (150% multiplier to basic child-support obligation when physical custody is shared approximately 50/50).

☐ Child support shall remain as set forth in the Original Order.

☐ A separate child support modification petition shall be filed.

ARTICLE X — ADDITIONAL COVENANTS

10.1 Substance Restrictions

Neither Parent shall consume alcohol to impairment or use any illegal substance during or within twelve (12) hours preceding their custodial time.

10.2 Firearms Safety

All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), in compliance with Alabama law.

10.3 Introduction of New Partners

Neither Parent shall allow a romantic partner to whom they are not married to be present overnight in the home during custodial time unless agreed upon in writing or until [________________________________].

10.4 Cooperation

Parents shall cooperate fully in matters affecting the child(ren)'s welfare and shall not engage in conduct designed to alienate the child(ren) from the other Parent.

ARTICLE XI — DEFAULT AND ENFORCEMENT

11.1 Contempt

A Parent who violates this Agreement, once incorporated into a court order, may be held in contempt of court under Alabama law. The Circuit Court retains jurisdiction to enforce this Agreement through its contempt powers.

11.2 Make-Up Time

If a Parent is denied court-ordered parenting time, the aggrieved Parent shall be entitled to make-up time of equal duration at the earliest practicable opportunity.

11.3 Interference with Custody

Interference with custody is a criminal offense in Alabama under Ala. Code § 13A-6-45 (Custodial interference in the first degree) and § 13A-6-46 (Custodial interference in the second degree).

11.4 Attorney's Fees

The prevailing party in any enforcement proceeding may be awarded reasonable attorney's fees and costs, in the discretion of the Court.

ARTICLE XII — DISPUTE RESOLUTION

12.1 Good-Faith Negotiation

The Parents shall first attempt to resolve any disputes through direct, good-faith communication.

12.2 Mediation

If direct communication fails, the Parents shall participate in mediation with a qualified family mediator before petitioning the Court. The cost of mediation shall be shared equally unless otherwise ordered by the Court.

12.3 Court Proceedings

If mediation is unsuccessful, either Parent may petition the Circuit Court of [________________________________] County, Alabama for relief.

12.4 Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Alabama. The Circuit Court of [________________________________] County, Alabama shall have exclusive continuing jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Ala. Code § 30-3B-101 et seq.

ARTICLE XIII — GENERAL PROVISIONS

13.1 Integration with Original Order. Except as expressly modified herein, all provisions of the Original Order remain in full force and effect.

13.2 Court Approval Required. This Agreement shall not become effective until approved by the Circuit Court and incorporated into a modified custody order.

13.3 Severability. If any provision is held unenforceable, the remaining provisions shall remain in effect.

13.4 Amendment. This Agreement may be further modified only by written agreement of both Parents approved by the Court, or by subsequent court order.

13.5 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original.

13.6 Voluntary Execution. Each Parent represents that this Agreement is entered into voluntarily, without coercion or duress, after having the opportunity to consult with independent legal counsel.

13.7 Temporary Nature Pending Court Approval. The Parents agree to abide by the terms of this Agreement pending submission to and approval by the Court.

EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Agreement on the dates indicated below.

PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF ALABAMA )
COUNTY OF [________________________________] )

Before me, a Notary Public in and for said County and State, personally appeared [________________________________] (Parent A) and [________________________________] (Parent B), known to me or proved to me on the basis of satisfactory evidence to be the individuals described in and who executed the foregoing Agreement, and acknowledged that they executed the same as their voluntary act and deed.

SWORN TO AND SUBSCRIBED before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public, State of Alabama
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

ORDER OF THE COURT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

The Court, having reviewed the foregoing Agreement to Modify Child Custody Order, the testimony of the parties (if any), and the recommendation of the Guardian ad Litem (if applicable), and being satisfied that:

1. A material change in circumstances has occurred since the entry of the Original Order;
2. The proposed modification serves the best interests of the minor child(ren) under Ala. Code § 30-3-152;
3. The benefits of the modification outweigh any disruptive effects under the standard set forth in Ex parte McLendon, 455 So. 2d 863 (Ala. 1984);

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Agreement is hereby APPROVED and INCORPORATED into this Order, which shall supersede and replace the applicable provisions of the Original Order entered on [__/__/____].

IT IS SO ORDERED this [____] day of [________________________________], 20[____].

[________________________________]
Circuit Judge
Circuit Court of [________________________________] County, Alabama

Sources and References

• Ala. Code § 30-3-1 — General custody provisions
• Ala. Code § 30-3-150 to 30-3-157 — Alabama Joint Custody Act (policy, definitions, factors, parenting plans, child support)
• Ala. Code § 30-3-152 — Best interest factors; presumption when both parents request joint custody
• Ala. Code § 30-3-160 to 30-3-169 — Alabama Parent-Child Relationship Protection Act (relocation)
• Ala. Code § 30-3-131 to 30-3-136 — Custody and Domestic or Family Abuse (rebuttable presumption against custody with perpetrator)
• Ala. Code § 30-3B-101 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Ala. Code § 26-2A-52 — Guardian ad Litem
• Ala. Code § 13A-6-45 / 13A-6-46 — Custodial Interference (criminal)
• Ex parte McLendon, 455 So. 2d 863 (Ala. 1984) — Three-pronged modification standard (material change + best interest + positive good outweighs disruption)
• Rule 32, Alabama Rules of Judicial Administration (ARJA) — Child support guidelines, including Shared Physical Custody Application (SPCA)
• Jefferson County Family Court — 10th Judicial Circuit, 120 2nd Court North, Birmingham, AL 35204, (205) 325-5491
• Alabama Administrative Office of Courts — https://www.alacourt.gov