Alabama Joint Custody Agreement

JOINT CUSTODY AGREEMENT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

[________________________________], Petitioner/Parent A

v.

[________________________________], Respondent/Parent B

RECITALS AND STATUTORY FRAMEWORK

This Joint Custody Agreement ("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 the natural and legal parents of the minor child(ren) identified in Article I;

WHEREAS, Ala. Code § 30-3-150 declares it to be the policy of the State of Alabama to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children, and to encourage parents to share in the rights and responsibilities of rearing their children;

WHEREAS, both Parents request joint custody, and under Ala. Code § 30-3-152(c), when both parents request joint custody there exists a rebuttable presumption that joint custody is in the best interest of the child;

WHEREAS, the Parents have considered the five statutory factors enumerated in Ala. Code § 30-3-152(a) and have determined that joint custody serves the child(ren)'s best interests;

WHEREAS, Ala. Code § 30-3-153 requires that in joint custody cases the parents submit a plan addressing the care, education, medical needs, holidays, and vacation schedule of the child(ren);

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

ARTICLE I — IDENTIFICATION OF CHILD(REN)

ARTICLE II — JOINT CUSTODY DESIGNATION

2.1 Joint Legal Custody (Ala. Code § 30-3-151(2))

The Parents shall share joint legal custody of the child(ren). "Joint legal custody" means both Parents have equal rights and responsibilities for major decisions concerning the child(ren), including but not limited to the education of the child(ren), health care, and religious training. (Ala. Code § 30-3-151(2))

2.2 Physical Custody Arrangement (Ala. Code § 30-3-151(3))

☐ Joint Physical Custody: Physical custody shall be shared by the Parents in a way that assures the child(ren) frequent and substantial contact with each Parent, per the schedule in Article III. The Parents acknowledge that joint physical custody does not necessarily mean equal division of time. (Ala. Code § 30-3-151(3))

☐ Primary Physical Custody with Parenting Time: Parent [____] shall have primary physical custody. Parent [____] shall have parenting time as set forth in Article III. Both Parents retain joint legal custody.

2.3 Statutory Best Interest Analysis (Ala. Code § 30-3-152(a))

The Parents affirm the following regarding the five statutory factors:

(1) Agreement on Joint Custody: Both Parents voluntarily request and agree to joint custody of the child(ren).

(2) Ability to Cooperate: The Parents have demonstrated the past and present ability to cooperate with each other and to make decisions jointly concerning the child(ren).

(3) Encouraging Contact: Each Parent is willing and able to encourage the sharing of love, affection, and contact between the child(ren) and the other Parent.

(4) Abuse/Kidnapping History:
☐ Neither Parent has a history of or potential for child abuse, spouse abuse, or kidnapping.
☐ The following history exists and has been disclosed to the Court: [________________________________]

(5) Geographic Proximity: The Parents reside approximately [____] miles apart, and this distance is practical for the implementation of the joint physical custody arrangement described herein.

2.4 Rebuttable Presumption (Ala. Code § 30-3-152(c))

Because both Parents request joint custody, there is a rebuttable presumption that joint custody is in the best interest of the child(ren), and the Court shall grant joint custody unless specific findings are made to the contrary.

ARTICLE III — PARENTING TIME SCHEDULE

3.1 Primary Residence for School Enrollment

The child(ren)'s primary address for school enrollment, voting district, and official correspondence shall be Parent [____]'s residence at [________________________________].

3.2 Regular Parenting Time Schedule

☐ Schedule A — Equal Time (Week On / Week Off):
Parent A: [________________________________] (day) at [____] through [________________________________] (day) at [____]
Parent B: Alternating week on the same schedule.

☐ Schedule B — Equal Time (2-2-3):
Monday-Tuesday: Parent [____]
Wednesday-Thursday: Parent [____]
Friday through Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)

☐ Schedule C — Primary / Expanded:
Primary Parent ([____]): Weekdays
Other Parent ([____]):

• Alternating weekends: Friday at [____] to Sunday at [____]
• Midweek: [________________________________] from [____] to [____]
• [________________________________]

☐ Schedule D — Custom:
Parent A: [________________________________]
Parent B: [________________________________]

3.3 Holiday Schedule

Holidays supersede the regular schedule:

Every Year:

• Mother's Day: With Mother, [____] to [____]
• Father's Day: With Father, [____] to [____]
• Child(ren)'s Birthday: ☐ Shared celebration ☐ Alternating ☐ Other: [________________________________]

3.4 Summer and Vacation

Each Parent shall have [____] weeks of uninterrupted vacation time per summer with at least [____] days' written notice. Vacation supersedes the regular schedule.

☐ Regular schedule continues during summer
☐ Modified summer schedule: [________________________________]

3.5 Exchanges

Location: ☐ School ☐ Parent A's residence ☐ Parent B's residence ☐ Neutral: [________________________________]

Transportation: ☐ Receiving Parent picks up ☐ Delivering Parent drops off ☐ Shared equally ☐ Other: [________________________________]

Punctuality: Parents shall be on time for all exchanges. A Parent delayed more than [____] minutes shall provide advance notice.

3.6 Right of First Refusal

If either Parent is unavailable to care for the child(ren) for more than [____] consecutive hours during their scheduled time, that Parent shall first offer the time to the other Parent before arranging alternative childcare.

☐ Applies ☐ Does not apply

ARTICLE IV — JOINT DECISION-MAKING (Ala. Code § 30-3-153)

4.1 Major Decisions Requiring Joint Consultation

The Parents shall consult in good faith and agree jointly on the following major decisions:

• Education: School enrollment, changes of school, special education (IEP/504), tutoring, college planning
• Health Care: Selection of physicians and dentists, non-emergency medical treatment, surgery, medications, mental health counseling, therapy
• Religious Training: Religious education, participation in religious activities, religious milestones
• Extracurricular Activities: Sports, clubs, camps, lessons involving significant time or financial commitment
• Travel: Out-of-state travel; international travel requires written consent of both Parents

4.2 Day-to-Day Decisions

The Parent exercising physical custody at any given time shall make routine daily decisions regarding meals, bedtime, homework, discipline, friends, and daily activities.

4.3 Emergency Decisions

In an emergency, the Parent with physical custody may make necessary medical, safety, or welfare decisions and shall notify the other Parent within twenty-four (24) hours or as soon as practicable.

4.4 Deadlock Resolution

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

Step 1: Written communication of each Parent's position within [____] days
Step 2: Mediation with a qualified Alabama family mediator (cost shared equally or as ordered)
Step 3: Petition the Circuit Court of [________________________________] County for resolution

☐ Tie-breaking authority for the following specific decisions is assigned to Parent [____]: [________________________________]

ARTICLE V — INFORMATION SHARING AND RECORDS ACCESS (Ala. Code § 30-3-154)

5.1 Equal Access

Pursuant to Ala. Code § 30-3-154, both Parents shall have equal access to all records and information pertaining to the child(ren), including but not limited to:

• School and educational records
• Medical, dental, vision, and mental health records
• Extracurricular and childcare records
• Law enforcement records (to the extent permitted by law)

5.2 Emergency Contact and Authorized Pick-Up

Both Parents shall be listed as emergency contacts and authorized pick-up persons at the child(ren)'s school, childcare, and all medical providers.

5.3 Notification Obligations

Each Parent shall promptly notify the other of:

• Illness, injury, or hospitalization of the child(ren)
• School conferences, IEP meetings, and events
• Any contact with the Alabama Department of Human Resources (DHR)
• Any contact with law enforcement involving the child(ren)
• Change of address or telephone number (with at least [____] days' advance notice)

ARTICLE VI — COMMUNICATION

6.1 Parent-to-Parent

Parents shall communicate regarding the child(ren) through: ☐ Phone ☐ Text ☐ Email ☐ Co-parenting app: [________________________________]

Communication shall be respectful, child-focused, and free of hostility.

6.2 Parent-Child

Each Parent shall facilitate the child(ren)'s reasonable communication with the other Parent during custodial time. Neither Parent shall monitor, intercept, or interfere with the child(ren)'s communication with the other Parent except as age-appropriate for safety.

6.3 Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the child(ren)'s presence or hearing. Neither Parent shall allow others to do so.

ARTICLE VII — RELOCATION (Ala. Code § 30-3-160 et seq.)

7.1 Statutory Requirements

Relocation of the child(ren)'s principal residence is governed by the Alabama Parent-Child Relationship Protection Act:

• 45-Day Notice: Certified mail notice at least 45 days before the proposed move (Ala. Code § 30-3-165)
• Distance Rules: Sections 30-3-169.1 through 30-3-169.7 generally do not apply to a move of 60 miles or less, or a move closer to the non-relocating Parent, unless the move places the child in another state (Ala. Code § 30-3-162(b)); applicable notice duties may still remain
• Rebuttable Presumption Against Relocation: Subject to the statutory domestic-violence or child-abuse exception, relocation is presumed not in the child(ren)'s best interest and the relocating Parent has the initial burden (Ala. Code § 30-3-169.4)
• 30-Day Objection Period: A custody or visitation holder objecting to the move generally must commence a proceeding within 30 days after receiving notice, subject to statutory extension and waiver grounds (Ala. Code § 30-3-169.1(c))
• Failure to Give Notice: May be considered in a subsequent proceeding (Ala. Code § 30-3-168)

7.2 Geographic Restriction

☐ Each Parent shall comply with all applicable notice and proceeding requirements of Ala. Code §§ 30-3-160 through 30-3-169.10 before changing the child(ren)'s principal residence.

☐ Other restriction: [________________________________]

ARTICLE VIII — DOMESTIC VIOLENCE DISCLOSURE (Ala. Code §§ 30-3-131 to 30-3-136)

Under Ala. Code § 30-3-131, a court finding of domestic or family violence raises a rebuttable presumption that custody with the perpetrator is detrimental to the child(ren).

☐ Neither Parent has a history of domestic or family violence.

☐ The following history has been disclosed: [________________________________]
If applicable, the following safety provisions apply: [________________________________]

ARTICLE IX — FINANCIAL PROVISIONS

9.1 Child Support (Ala. Code § 30-3-155; Rule 32, ARJA)

Notwithstanding joint custody, child support shall be calculated pursuant to Rule 32, Alabama Rules of Judicial Administration. Joint custody does not eliminate the obligation of child support. (Ala. Code § 30-3-155)

☐ Standard Guidelines (Rule 32): Parent [____] shall pay $ [________________________________] per month.

☐ Shared 50% Physical-Custody Adjustment (SPCA) (Rule 32(C)(7)): Because the Court orders each Parent to have physical custody 50% or approximately 50% of the time, the SPCA applies using Form CS-42-S and a 150% multiplier to the basic child-support obligation. Parent [____] shall pay $ [________________________________] per month.

Child support effective date: [__/__/____]

9.2 Health Insurance

Parent [____] shall maintain health, dental, and vision insurance for the child(ren).

9.3 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, and mental health expenses shall be shared:
☐ Equally (50/50)
☐ Proportionally: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

9.4 Childcare and Extracurricular Expenses

Work-related childcare: ☐ Included in Rule 32 ☐ Shared [____]% / [____]%

Agreed extracurricular activities: ☐ Shared equally ☐ Shared proportionally ☐ Other: [________________________________]

9.5 Tax Dependency Exemption

The child(ren) shall be claimed as dependent(s) for tax purposes as follows:
☐ Alternating years (Parent A claims in even years, Parent B in odd years)
☐ Each Parent claims [____] child(ren) annually
☐ Other: [________________________________]

ARTICLE X — ADDITIONAL COVENANTS

10.1 Parenting Education

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

10.2 Substance Restrictions

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

10.3 Firearms Safety

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

10.4 New Partners

Neither Parent shall introduce the child(ren) to a new romantic partner until the relationship has been stable for at least [________________________________]. Overnight stays with a non-marital romantic partner during custodial time shall not occur unless: [________________________________]

10.5 Consistency

Parents shall make reasonable efforts to maintain consistent routines, rules, discipline, bedtimes, and homework expectations across both households.

10.6 Cooperation and Facilitation

Each Parent shall actively support and encourage the child(ren)'s relationship with the other Parent and shall not engage in parental alienation.

10.7 Attendance at Events

Both Parents may attend the child(ren)'s school events, sporting events, performances, and other activities. Parents shall conduct themselves civilly toward each other at such events.

ARTICLE XI — INTERFERENCE WITH CUSTODY (Ala. Code § 30-3-156)

Under Ala. Code § 30-3-156, an award of joint custody does not prevent a court from finding that a parent committed interference with custody under Ala. Code § 13A-6-45 or violated the UCCJEA. Conduct meeting the elements of § 13A-6-45 may constitute a Class C felony.

ARTICLE XII — MODIFICATION

12.1 Standard for Modification

Ala. Code § 30-3-157 states that the Joint Custody Act itself does not supply grounds for modification or alter the otherwise applicable standard. If the order incorporating this Agreement awards joint physical custody, a party seeking modification generally must show a material change in circumstances and that modification serves the child(ren)'s best interests. Ex parte Blackstock, 47 So. 3d 801, 804–05 (Ala. 2009). If a later final order awards sole physical custody, Ex parte McLendon, 455 So. 2d 863 (Ala. 1984), may govern a noncustodial parent's request to change that award.

12.2 Annual Review

The Parents agree to review this Agreement annually and discuss adjustments to reflect the child(ren)'s developing needs.

12.3 Amendment

This Agreement may be amended by written agreement of both Parents, subject to Court approval.

ARTICLE XIII — DISPUTE RESOLUTION

13.1 Good-Faith Communication

Parents shall first attempt to resolve disputes through direct, respectful communication.

13.2 Mediation

If direct communication fails, Parents shall participate in mediation before petitioning the Court to the extent this procedure is approved or ordered by the Court. This requirement does not apply to emergency relief or when prohibited or made unsafe by a protection order or domestic violence. Mediation costs shall be shared ☐ equally ☐ proportionally.

Note: Confirm any mediation requirement with the court handling the case.

13.3 Court Proceedings

If the Circuit Court of [________________________________] County made a custody determination consistently with the UCCJEA, it retains continuing, exclusive jurisdiction only until one of the conditions in Ala. Code § 30-3B-202(a) ends that jurisdiction.

13.4 Attorney's Fees

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

ARTICLE XIV — GENERAL PROVISIONS

14.1 Governing Law. This Agreement is governed by the laws of the State of Alabama, including Ala. Code §§ 30-3-150 to 30-3-157 (Joint Custody Act).

14.2 Court Approval. This Agreement shall become effective upon approval by the Circuit Court and incorporation into a custody order.

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

14.4 Integration. This Agreement constitutes the entire understanding between the Parents regarding custody of the child(ren).

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

14.6 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.

EXECUTION

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

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 on the basis of satisfactory evidence to be the individuals who executed the foregoing Agreement, and acknowledged that they executed the same voluntarily.

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 Joint Custody Agreement and being satisfied that:

1. Both Parents request joint custody, and the rebuttable presumption under Ala. Code § 30-3-152(c) has not been overcome;
2. The five factors of Ala. Code § 30-3-152(a) have been considered;
3. The Agreement includes a parenting plan addressing the requirements of Ala. Code § 30-3-153;
4. The Agreement serves the best interests of the minor child(ren);

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Joint Custody Agreement is hereby APPROVED and INCORPORATED as an order of this Court.

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

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

Sources and References

• Ala. Code § 30-3-150 — State policy on custody (frequent and continuing contact)
• Ala. Code § 30-3-151 — Definitions: joint legal custody, joint physical custody, sole custody
• Ala. Code § 30-3-152 — Additional joint-custody factors; rebuttable presumption when both parents request joint custody
• Ala. Code § 30-3-153 — Parenting plan required in joint custody cases (care, education, medical, holidays, vacation)
• Ala. Code § 30-3-154 — Access to records and information
• Ala. Code § 30-3-155 — Child support in joint custody (joint custody does not eliminate support obligation)
• Ala. Code § 30-3-156 — Joint custody does not preclude an interference-with-custody or UCCJEA finding
• Ala. Code § 30-3-157 — Joint Custody Act does not alter existing orders or modification standards
• Ala. Code § 30-3-160 to 30-3-169.10 — Alabama Parent-Child Relationship Protection Act (relocation)
• Ala. Code § 30-3-131 to 30-3-136 — Custody and Domestic or Family Abuse
• Ala. Code § 30-3B-101 et seq. — UCCJEA
• Ala. Code § 13A-6-45 — Interference with custody (criminal)
• Ala. Code § 30-3B-202 — Continuing, exclusive jurisdiction under the UCCJEA
• Ex parte McLendon, 455 So. 2d 863 (Ala. 1984) — Modification standard following a final sole-physical-custody award
• Ex parte Blackstock, 47 So. 3d 801 (Ala. 2009) — Modification standard following joint physical custody
• Rule 32, ARJA — Child support guidelines, including the Shared 50% Physical-Custody Adjustment in Rule 32(C)(7)
• Alabama Judicial System — https://judicial.alabama.gov