Alabama Parenting Plan

PARENTING PLAN

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

[________________________________], Petitioner/Parent A

v.

[________________________________], Respondent/Parent B

PURPOSE AND ALABAMA LAW COMPLIANCE

This Parenting Plan ("Plan") is filed pursuant to Ala. Code § 30-3-153, which requires that in joint custody cases the parents submit a plan for the implementation of the custody order addressing the care, education, medical needs, holidays, and vacation schedule of the child(ren). This Plan is also consistent with the state policy declared in Ala. Code § 30-3-150, which assures that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children.

This Plan is entered into on [__/__/____] by and between:

Parent A: [________________________________], residing at [________________________________], [________________________________], Alabama [____]

Parent B: [________________________________], residing at [________________________________], [________________________________], Alabama [____]

SECTION 1 — IDENTIFICATION OF CHILD(REN)

Child(ren) with Special Needs (if any): [________________________________]

SECTION 2 — CUSTODY DESIGNATION

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

☐ Joint Legal Custody (§ 30-3-151(2)): Both Parents shall have equal rights and responsibilities for major decisions concerning the child(ren), including but not limited to education, health care, and religious training. Neither Parent shall make a major decision without good-faith consultation with the other Parent.

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

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

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

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

☐ Primary Physical Custody to Parent A: The child(ren) shall primarily reside with Parent A. Parent B shall have parenting time per Section 3.

☐ Primary Physical Custody to Parent B: The child(ren) shall primarily reside with Parent B. Parent A shall have parenting time per Section 3.

2.3 Presumption Acknowledgment

If both Parents request joint custody, the presumption under Ala. Code § 30-3-152(c) is 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.

2.4 Best Interest Factors (Ala. Code § 30-3-152(a))

The Parents have considered the following statutory factors:

1. ☐ The agreement or lack of agreement of the Parents on joint custody
2. ☐ The past and present ability of the Parents to cooperate and make decisions jointly
3. ☐ The ability of each Parent to encourage sharing of love, affection, and contact between the child(ren) and the other Parent
4. ☐ Any history of or potential for child abuse, spouse abuse, or kidnapping
5. ☐ The geographic proximity of the Parents to each other as it relates to practical considerations of the custody arrangement

SECTION 3 — PARENTING TIME SCHEDULE

3.1 Primary Residence for School Enrollment

The child(ren)'s primary residence for purposes of school enrollment and correspondence shall be with Parent [____] at [________________________________].

3.2 Regular School-Year Schedule

☐ Option A — Week On / Week Off: Parents alternate custody in seven-day blocks from [________________________________] (day/time) to [________________________________] (day/time).

☐ Option B — 2-2-3 Rotation:

• Monday and Tuesday: Parent [____]
• Wednesday and Thursday: Parent [____]
• Friday through Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)

☐ Option C — Every Other Weekend Plus Midweek:

• Primary Parent ([____]): Weekdays and alternate weekends
• Other Parent ([____]): Alternating weekends from Friday at [____] to Sunday at [____], plus midweek on [________________________________] from [____] to [____]

☐ Option D — Custom Schedule:

Parent A's time: [________________________________]

Parent B's time: [________________________________]

3.3 Summer Schedule

☐ Regular schedule continues during summer

☐ Modified summer schedule:

• Parent A: [________________________________]
• Parent B: [________________________________]

Each Parent shall have [____] weeks of uninterrupted vacation time with the child(ren) during summer, upon [____] days' written notice to the other Parent. Vacation time supersedes the regular schedule.

3.4 Holiday Schedule

Holidays supersede the regular schedule. The following holidays shall be allocated:

Special Days (every year):

• Mother's Day: Child(ren) with Mother from [____] to [____]
• Father's Day: Child(ren) with Father from [____] to [____]
• Child(ren)'s Birthday: ☐ Shared celebration ☐ Alternating years ☐ With Parent [____] from [____] to [____], other Parent may have [____] hours
• Parent A's Birthday: Child(ren) with Parent A from [____] to [____]
• Parent B's Birthday: Child(ren) with Parent B from [____] to [____]

3.5 Exchanges and Transitions

Exchange Location: [________________________________]

☐ School drop-off/pick-up (receiving Parent picks up from school)
☐ Neutral location: [________________________________]
☐ Curbside at receiving Parent's residence
☐ Other: [________________________________]

Transportation Responsibilities:
☐ Receiving Parent provides transportation
☐ Delivering Parent provides transportation
☐ Shared equally
☐ Other: [________________________________]

Exchange Protocols:

• Parents shall be punctual. If delayed more than [____] minutes, the delayed Parent shall notify the other Parent.
• Neither Parent shall send another adult in their place for exchange without prior notice and agreement, except in emergency.
• Parents shall ensure the child(ren) have appropriate clothing, medications, and necessary items at each exchange.

3.6 Right of First Refusal

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

☐ Right of first refusal applies
☐ Right of first refusal does not apply

SECTION 4 — DECISION-MAKING AND PARENTAL RESPONSIBILITIES

4.1 Major Decision Areas (Ala. Code § 30-3-153)

Pursuant to Ala. Code § 30-3-153, this Plan addresses the following areas:

Education:
| Decision | Parent A | Parent B | Joint |
|---|---|---|---|
| School enrollment / changes | ☐ | ☐ | ☐ |
| Special education / IEP | ☐ | ☐ | ☐ |
| Tutoring / educational support | ☐ | ☐ | ☐ |
| Extracurricular activities | ☐ | ☐ | ☐ |
| College planning | ☐ | ☐ | ☐ |

Health Care:
| Decision | Parent A | Parent B | Joint |
|---|---|---|---|
| Selection of physicians / dentists | ☐ | ☐ | ☐ |
| Non-emergency medical treatment | ☐ | ☐ | ☐ |
| Mental health counseling / therapy | ☐ | ☐ | ☐ |
| Medications | ☐ | ☐ | ☐ |
| Surgical procedures | ☐ | ☐ | ☐ |

Other:
| Decision | Parent A | Parent B | Joint |
|---|---|---|---|
| Religious upbringing / training | ☐ | ☐ | ☐ |
| Out-of-state travel | ☐ | ☐ | ☐ |
| International travel | ☐ | ☐ | ☐ |
| Obtaining a driver's license | ☐ | ☐ | ☐ |
| Employment (for minors) | ☐ | ☐ | ☐ |

4.2 Emergency Decisions

The Parent exercising physical custody at the time of an emergency shall have authority to make emergency medical, safety, or welfare decisions and shall notify the other Parent within twenty-four (24) hours or as soon as practicable.

4.3 Day-to-Day Decisions

The Parent exercising physical custody shall have the right to make routine day-to-day decisions regarding the child(ren)'s care, discipline, activities, and schedules during their custodial time.

4.4 Decision-Making Deadlock

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

☐ Step 1: Parents shall attempt direct resolution within [____] days
☐ Step 2: Parents shall submit the matter to mediation
☐ Step 3: Either Parent may petition the Circuit Court for resolution
☐ Tie-breaking authority on [________________________________] assigned to Parent [____]

SECTION 5 — COMMUNICATION

5.1 Parent-to-Parent Communication

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

All communication shall be respectful, child-focused, and free from profanity, threats, or disparagement.

5.2 Parent-Child Communication

Each Parent shall facilitate reasonable communication between the child(ren) and the other Parent during custodial time, including:

• Telephone calls: [________________________________]
• Video calls: [________________________________]
• Text / messaging: [________________________________]

Neither Parent shall monitor, record, or interfere with the child(ren)'s private communication with the other Parent, except as appropriate for the child(ren)'s age and safety.

5.3 Information Sharing (Ala. Code § 30-3-154)

Pursuant to Ala. Code § 30-3-154, both Parents shall have access to records and information pertaining to the child(ren), including:

• School records, report cards, and attendance records
• Medical, dental, vision, and mental health records
• Extracurricular activity schedules
• Law enforcement records (to the extent permitted by law)

Each Parent shall be listed as an emergency contact and authorized pick-up person at the child(ren)'s school and childcare.

Each Parent shall promptly notify the other of:

• Any illness, injury, or hospitalization
• School disciplinary actions or academic concerns
• Changes in address or telephone number
• Any involvement with law enforcement or Department of Human Resources (DHR)

5.4 Non-Disparagement

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

SECTION 6 — RELOCATION (Ala. Code § 30-3-160 et seq.)

6.1 Statutory Requirements

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

Notice: A parent proposing to relocate must provide notice by certified mail to the other parent at least 45 days before the proposed change (Ala. Code § 30-3-165). If the relocating parent does not have the information in time, notice must be given within 10 days of obtaining it.

Applicability: The Act applies to moves of the child(ren)'s principal residence more than 60 miles from the non-relocating parent, or any move across Alabama state lines, regardless of distance (Ala. Code § 30-3-163).

Rebuttable Presumption: There is a rebuttable presumption that relocation is not in the child(ren)'s best interest (Ala. Code § 30-3-169.1). The burden is on the relocating parent.

Objection Deadline: The non-relocating parent must file a court action within 30 days of receiving notice, or the relocation is authorized (Ala. Code § 30-3-169).

Required Notice Contents (Ala. Code § 30-3-165):

• New address and telephone number
• New school information (if applicable)
• Date of proposed relocation
• Reasons for relocation
• Proposed revised parenting schedule

6.2 Additional Relocation Terms

[________________________________]

SECTION 7 — DOMESTIC VIOLENCE PROVISIONS (Ala. Code §§ 30-3-131 to 30-3-136)

☐ No History of Domestic Violence. Neither Parent reports a history of domestic or family violence.

☐ History of Domestic Violence. The following history exists and has been disclosed: [________________________________]

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). If applicable, this Plan incorporates the following safety provisions:

☐ Supervised exchanges at [________________________________]
☐ Supervised parenting time with [________________________________] as supervisor
☐ No direct contact between Parents; communication through [________________________________]
☐ Completion of batterer's intervention program by [________________________________]
☐ Other: [________________________________]

SECTION 8 — FINANCIAL PROVISIONS

8.1 Child Support

Child support shall be calculated pursuant to Rule 32, Alabama Rules of Judicial Administration (ARJA).

☐ Standard child support guidelines apply (Rule 32)
☐ Shared Physical Custody Application (SPCA) applies under Rule 32(C)(7)(b) (150% multiplier to basic obligation for approximately 50/50 physical custody)

Parent [____] shall pay $ [________________________________] per month in child support, effective [__/__/____].

8.2 Health Insurance

Parent [____] shall maintain health, dental, and vision insurance for the child(ren). The cost of insurance attributable to the child(ren) shall be:

☐ Included in child support calculation per Rule 32
☐ Paid separately by Parent [____]
☐ Shared: Parent A [____]% / Parent B [____]%

8.3 Unreimbursed Medical, Dental, and Vision Expenses

Unreimbursed medical, dental, vision, and mental health expenses (including co-pays, deductibles, and non-covered treatments) shall be allocated:

☐ Equally (50/50)
☐ Proportionally to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

8.4 Childcare Expenses

Work-related childcare expenses shall be:

☐ Included in child support calculation per Rule 32
☐ Shared: Parent A [____]% / Parent B [____]%
☐ Paid by Parent [____]

8.5 Extracurricular Activity Expenses

Costs for agreed-upon extracurricular activities shall be:

☐ Shared equally
☐ Shared proportionally to income
☐ Paid by the enrolling Parent
☐ Other: [________________________________]

8.6 Education Expenses

☐ Private school tuition (if applicable): [________________________________]
☐ College savings contributions: [________________________________]
☐ Tutoring costs: [________________________________]

SECTION 9 — ADDITIONAL PROVISIONS

9.1 Parenting Education

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

☐ Both Parents shall complete a court-approved parenting education program within [____] days of the filing of this Plan.

Completion dates: Parent A: [__/__/____] / Parent B: [__/__/____]

9.2 Guardian ad Litem (Ala. Code § 26-2A-52)

☐ A Guardian ad Litem has been appointed: [________________________________]
☐ A Guardian ad Litem is not required at this time

9.3 Child's Preference (Ala. Code § 30-3-152(a))

If the Court deems a child to be of sufficient age and maturity, the Court may consider the reasonable preference of the child. The Parents acknowledge that Alabama law does not set a specific age threshold but considers the child's demonstrated capacity for intelligent choice.

☐ Child(ren) have expressed a preference that has been considered: [________________________________]
☐ Not applicable / child(ren) too young

9.4 Substance Use

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.

9.5 Firearms Safety

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

9.6 Introduction of New Partners

Neither Parent shall introduce the child(ren) to a new romantic partner until the relationship has been stable for at least [________________________________], and overnight stays with a romantic partner to whom the Parent is not married shall not occur during custodial time unless: [________________________________]

9.7 Consistency Between Households

Parents shall make reasonable efforts to maintain consistency in the child(ren)'s routines, including bedtimes, homework expectations, and discipline approaches.

9.8 Travel

In-State Travel: Either Parent may travel within Alabama with the child(ren) during their custodial time without advance consent but shall provide an itinerary and contact information.

Out-of-State Travel: The traveling Parent shall provide [____] days' advance written notice including destination, dates, itinerary, and contact information.

International Travel: ☐ Requires written consent of both Parents ☐ Requires court approval
Passports shall be held by: [________________________________]

SECTION 10 — DISPUTE RESOLUTION

10.1 Good-Faith Communication

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

10.2 Mediation

If direct communication fails, Parents shall participate in mediation with a qualified family mediator before petitioning the Court. The cost of mediation shall be shared ☐ equally ☐ proportionally to income ☐ as follows: [________________________________]

Note: Mediation requirements and programs vary by Alabama judicial circuit. The following circuits have specific mediation programs:

• Jefferson County (10th Judicial Circuit) — Birmingham and Bessemer divisions
• Madison County (23rd Judicial Circuit) — Huntsville
• Mobile County (13th Judicial Circuit) — Mobile

10.3 Court Proceedings

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

10.4 Governing Law

This Plan is governed by Alabama law, including Ala. Code § 30-3-150 et seq. and the UCCJEA (Ala. Code § 30-3B-101 et seq.). The Circuit Court of [________________________________] County retains exclusive continuing jurisdiction.

SECTION 11 — MODIFICATION AND REVIEW

11.1 Annual Review

The Parents agree to review this Plan annually and make adjustments as needed to reflect the child(ren)'s changing developmental needs.

11.2 Modification Standard

Any modification of custody provisions requires compliance with the standard set forth in Ex parte McLendon, 455 So. 2d 863 (Ala. 1984): (1) material change in circumstances, (2) modification materially promotes the child's best interest, and (3) benefits of change outweigh the inherently disruptive effect.

11.3 Amendments

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

SECTION 12 — GENERAL PROVISIONS

12.1 Court Approval. This Plan shall be submitted to the Circuit Court of [________________________________] County, Alabama for approval and incorporation into the custody order.

12.2 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

12.3 Integration. This Plan, together with the Court's order, constitutes the entire agreement between the Parents regarding parenting of the child(ren).

12.4 Counterparts. This Plan may be executed in counterparts.

12.5 Voluntary Execution. Each Parent represents that this Plan is executed voluntarily after opportunity to consult with independent legal counsel.

EXECUTION

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 Plan, 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 Parenting Plan submitted by the parties and being satisfied that the Plan serves the best interests of the minor child(ren) under Ala. Code § 30-3-152 and complies with Ala. Code § 30-3-153, hereby APPROVES and INCORPORATES the foregoing Parenting Plan into the Court's Order.

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 legal custody, sole physical custody)
• Ala. Code § 30-3-152 — Factors for custody determination; presumption when both parents request joint custody
• Ala. Code § 30-3-153 — Required parenting plan provisions in joint custody cases
• Ala. Code § 30-3-154 — Access to records and information
• Ala. Code § 30-3-155 — Child support in joint custody cases
• 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
• Ala. Code § 30-3B-101 et seq. — UCCJEA
• Ala. Code § 26-2A-52 — Guardian ad Litem
• Ex parte McLendon, 455 So. 2d 863 (Ala. 1984) — Custody modification standard
• Rule 32, Alabama Rules of Judicial Administration — Child support guidelines (including SPCA, Rule 32(C)(7)(b))
• Alabama Administrative Office of Courts — https://www.alacourt.gov