Alabama Sole Custody Agreement

SOLE CUSTODY AGREEMENT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

[________________________________], Petitioner/Custodial Parent

v.

[________________________________], Respondent/Non-Custodial Parent

RECITALS AND STATUTORY FRAMEWORK

This Sole Custody Agreement ("Agreement") is entered into on [__/__/____] by and between:

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

Non-Custodial Parent: [________________________________], 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, under Ala. Code § 30-3-152(a), the Court is required to consider joint custody in every case but may award any form of custody that is determined to be in the best interest of the child;

WHEREAS, the Parents agree, or the Court has determined, that sole custody to the Custodial Parent is in the best interest of the child(ren) based on the following circumstances:

☐ Geographic distance between the Parents makes joint physical custody impractical (Ala. Code § 30-3-152(a)(5))
☐ Inability of the Parents to cooperate and make decisions jointly (Ala. Code § 30-3-152(a)(2))
☐ History of domestic or family violence creating a rebuttable presumption against custody with the Non-Custodial Parent (Ala. Code § 30-3-131)
☐ Substance abuse issues affecting the Non-Custodial Parent's custodial fitness
☐ Incarceration, military deployment, or prolonged absence of the Non-Custodial Parent
☐ Mental health or capacity concerns affecting the Non-Custodial Parent's ability to provide care
☐ Agreement of both Parents that sole custody serves the child(ren)'s best interests
☐ Other: [________________________________]

WHEREAS, the Non-Custodial Parent shall have visitation and parenting time as set forth herein, consistent with Ala. Code § 30-3-4 and the child(ren)'s best interests;

NOW, THEREFORE, the Parents agree as follows:

ARTICLE I — IDENTIFICATION OF CHILD(REN)

ARTICLE II — SOLE CUSTODY DESIGNATION

2.1 Sole Legal Custody (Ala. Code § 30-3-151(4))

The Custodial Parent shall have sole legal custody, meaning the right and responsibility to make major decisions concerning the child(ren), including but not limited to education, health care, and religious training.

2.2 Sole Physical Custody (Ala. Code § 30-3-151(5))

The Custodial Parent shall have sole physical custody. The child(ren) shall reside primarily with the Custodial Parent at [________________________________].

2.3 Custodial Parent's Decision-Making Authority

The Custodial Parent shall have exclusive authority over major decisions, including:

• School enrollment and educational decisions (including IEP, 504 plans, tutoring)
• Selection of health care providers and authorization of medical, dental, and vision treatment
• Mental health counseling and therapy
• Religious upbringing and training
• Extracurricular activities
• Domestic and international travel
• Legal matters affecting the child(ren)

The Custodial Parent ☐ shall ☐ is encouraged but not required to consult with the Non-Custodial Parent on major decisions. Regardless, the Custodial Parent has final decision-making authority.

2.4 Statutory Best Interest Considerations

The Court has considered or shall consider the factors set forth in Ala. Code § 30-3-152(a), including:

1. The agreement or lack of agreement of the Parents on custody
2. The past and present ability of the Parents to cooperate and make joint decisions
3. The ability of each Parent to encourage 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

The Court is required to consider joint custody but may award sole custody when it determines that sole custody better serves the child(ren)'s best interests. (Ala. Code § 30-3-152(a))

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

3.1 Rebuttable Presumption

Under Ala. Code § 30-3-131, a court determination that domestic or family violence has occurred raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator. The judge must also consider the impact the violence had on the child.

3.2 Domestic Violence Disclosure

☐ No history of domestic or family violence exists.

☐ History of domestic or family violence has been determined or disclosed:
[________________________________]

If a finding of domestic violence has been made, the following conditions apply (Ala. Code § 30-3-135):

☐ Supervised visitation required (see Section 4.3)
☐ Completion of batterer's intervention program required
☐ No overnight visitation until: [________________________________]
☐ Alcohol/substance abuse assessment and treatment required
☐ Other conditions: [________________________________]

3.3 Protection Orders

☐ A Protection From Abuse (PFA) order is currently in effect: Case No. [________________________________], entered [__/__/____], expiring [__/__/____]. This Agreement shall not conflict with the terms of that order.

☐ No protection order is currently in effect.

ARTICLE IV — NON-CUSTODIAL PARENT VISITATION AND PARENTING TIME

4.1 Alabama Visitation Policy

The Parents acknowledge that Alabama law and policy favor frequent and continuing contact between children and both parents (Ala. Code § 30-3-150). The visitation schedule below is designed to maintain the child(ren)'s relationship with the Non-Custodial Parent consistent with the child(ren)'s safety and best interests.

4.2 Standard Unsupervised Visitation Schedule

☐ Option A — Standard Schedule:

• Alternating weekends: Friday at [____] to Sunday at [____]
• One midweek visit: [________________________________] from [____] to [____]
• Extended summer: [____] weeks (☐ consecutive ☐ non-consecutive) with [____] days' advance written notice

☐ Option B — Expanded Schedule:

• Alternating weekends: Friday at [____] to Monday morning school drop-off
• Two midweek visits: [________________________________] from [____] to [____]
• Extended summer: [____] weeks with [____] days' advance notice

☐ Option C — Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

4.3 Supervised Visitation (If Applicable)

☐ Not applicable — unsupervised visitation is appropriate

☐ Supervised visitation is required due to:
☐ Domestic violence (Ala. Code § 30-3-135)
☐ Substance abuse
☐ History of neglect or abuse
☐ Mental health concerns
☐ Court order
☐ Other: [________________________________]

Supervised Visitation Terms:

• Frequency: [________________________________]
• Duration: [________________________________] per visit
• Location: ☐ Supervised visitation center: [________________________________] ☐ In the presence of approved supervisor: [________________________________]
• Supervisor approval: ☐ By mutual agreement ☐ By Court order ☐ By Guardian ad Litem
• Cost of supervision: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]

Step-Up Provisions (Gradual Transition to Unsupervised):
☐ After [____] months of compliance with supervised visitation and completion of [________________________________], the Non-Custodial Parent may petition for unsupervised visitation.
☐ Specific step-up schedule: [________________________________]

4.4 Holiday and Special Occasion Schedule

Every Year:

• Mother's Day: Child(ren) with Mother, [____] to [____]
• Father's Day: Child(ren) with Father, [____] to [____]
• Child(ren)'s Birthday: ☐ Alternating ☐ Non-Custodial Parent may have [____] hours

Holiday visitation supersedes the regular schedule.

4.5 Exchanges

Location: [________________________________]
☐ Curbside at Custodial Parent's residence
☐ School drop-off/pick-up
☐ Neutral location: [________________________________]
☐ Supervised exchange location (if domestic violence concerns): [________________________________]

Transportation: ☐ Non-Custodial Parent provides all transportation ☐ Custodial Parent provides transportation ☐ Shared ☐ Other: [________________________________]

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

Alabama law allows the court to consider the reasonable preference of the child, if the court deems the child to be of sufficient age and maturity. There is no fixed age at which a child's preference becomes determinative.

☐ The child(ren) have expressed a preference considered by the Parents/Court: [________________________________]
☐ Not applicable

ARTICLE V — COMMUNICATION AND INFORMATION

5.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable communication between the child(ren) and the Non-Custodial Parent, including:

• Telephone/video calls: [________________________________]
• Text / messaging: as age-appropriate
• Written correspondence: unrestricted

The Custodial Parent shall not monitor, record, or unreasonably interfere with the child(ren)'s communication with the Non-Custodial Parent, except as appropriate for the child(ren)'s age and safety.

5.2 Parent-to-Parent Communication

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

☐ Due to domestic violence or high-conflict circumstances, all communication shall occur exclusively through [________________________________] and shall be limited to matters directly concerning the child(ren).

5.3 Information Access

The Non-Custodial Parent shall have the right to access the child(ren)'s records directly from the source, including:

• School records and report cards
• Medical, dental, and mental health records
• Extracurricular schedules

The Custodial Parent shall provide copies of report cards, medical information, and school notices within [____] days of receipt.

5.4 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any emergency, serious illness, injury, hospitalization, or contact with DHR or law enforcement involving the child(ren).

5.5 Non-Disparagement

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

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

6.1 Custodial Parent Relocation

If the Custodial Parent proposes to relocate the child(ren)'s principal residence:

Within Alabama, 60 miles or less from the Non-Custodial Parent: No prior court approval required, but the Custodial Parent shall provide [____] days' written notice to the Non-Custodial Parent.

More than 60 miles or across state lines: The Alabama Parent-Child Relationship Protection Act (Ala. Code § 30-3-160 et seq.) applies:

• 45-Day Notice by certified mail required (Ala. Code § 30-3-165)
• Rebuttable Presumption that relocation is not in the child(ren)'s best interest (Ala. Code § 30-3-169.1)
• Non-Custodial Parent may file objection within 30 days (Ala. Code § 30-3-169)
• Notice must include: new address, phone, school information, relocation date, reasons, and proposed revised visitation schedule

6.2 Non-Custodial Parent Relocation

If the Non-Custodial Parent relocates more than 60 miles or across state lines, the Parents shall negotiate in good faith to modify the visitation schedule to maintain the child(ren)'s relationship with the Non-Custodial Parent.

ARTICLE VII — FINANCIAL PROVISIONS

7.1 Child Support (Rule 32, ARJA)

Child support shall be calculated and paid pursuant to Rule 32, Alabama Rules of Judicial Administration.

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

7.2 Health Insurance

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

7.3 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, and mental health expenses shall be allocated:
☐ Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Equally (50/50)
☐ Non-Custodial Parent pays all
☐ Other: [________________________________]

7.4 Childcare, Education, and Extracurricular Costs

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

Private school tuition (if applicable): [________________________________]

Extracurricular expenses: ☐ Custodial Parent's sole discretion ☐ Shared for mutually agreed activities ☐ Other: [________________________________]

7.5 Tax Dependency

The child(ren) shall be claimed as dependent(s) for tax purposes by:
☐ Custodial Parent annually
☐ Alternating years (Custodial Parent even years, Non-Custodial Parent odd years)
☐ Other: [________________________________]

ARTICLE VIII — GUARDIAN AD LITEM AND PARENTING EDUCATION

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

☐ A Guardian ad Litem has been appointed to represent the child(ren)'s interests: [________________________________]
☐ No Guardian ad Litem has been appointed

8.2 Parenting Education

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

Completion dates: Custodial Parent: [__/__/____] / Non-Custodial Parent: [__/__/____]

ARTICLE IX — ADDITIONAL COVENANTS

9.1 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the child(ren)'s primary residence.

9.2 Timely Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Failure to return the child(ren) without good cause is a material breach and may constitute custodial interference under Ala. Code §§ 13A-6-45 and 13A-6-46.

9.3 Substance Restrictions

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

9.4 Firearms Safety

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

9.5 No Parental Alienation

Neither Parent shall engage in conduct designed to alienate the child(ren) from the other Parent or undermine the parent-child relationship.

9.6 New Partners

Neither Parent shall allow a non-marital romantic partner to be present overnight during their time with the child(ren) unless: [________________________________]

ARTICLE X — DEFAULT AND ENFORCEMENT

10.1 Events of Default

The following constitute material breaches:

• Failure to return the child(ren) at the scheduled time
• Violation of supervised visitation conditions
• Denial of court-ordered visitation without good cause
• Violation of any protection order
• Material breach of any covenant herein

10.2 Remedies

Available remedies include:

• Make-up visitation time
• Modification, suspension, or termination of visitation
• Imposition of supervised visitation
• Contempt of court proceedings
• Criminal charges for custodial interference (Ala. Code §§ 13A-6-45, 13A-6-46)
• Award of attorney's fees to the prevailing party

10.3 Emergency Relief

Either Parent may seek emergency court relief to protect the child(ren)'s safety and welfare without prior mediation.

ARTICLE XI — DISPUTE RESOLUTION

11.1 Good-Faith Communication

Parents shall first attempt to resolve disputes through direct communication, unless a protection order prohibits direct contact.

11.2 Mediation

Before petitioning the Court (except in emergencies), Parents shall participate in mediation with a qualified family mediator.

☐ Mediation is waived due to domestic violence concerns.

11.3 Court Proceedings

The Circuit Court of [________________________________] County, Alabama retains exclusive continuing jurisdiction pursuant to the UCCJEA (Ala. Code § 30-3B-101 et seq.).

11.4 Governing Law

This Agreement is governed by the laws of the State of Alabama.

ARTICLE XII — MODIFICATION

12.1 McLendon Standard

Modification of this Agreement requires compliance with Ex parte McLendon, 455 So. 2d 863 (Ala. 1984): (1) material change in circumstances, (2) modification materially promotes the child(ren)'s best interest, and (3) the positive good of the modification more than offsets the disruptive effect.

12.2 Modification to Joint Custody

The Non-Custodial Parent may petition for joint custody under Ala. Code § 30-3-152 upon demonstrating a material change in circumstances and that joint custody would serve the child(ren)'s best interests. The Court must consider joint custody in every case (Ala. Code § 30-3-152(a)).

ARTICLE XIII — GENERAL PROVISIONS

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

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

13.3 Integration. This Agreement constitutes the entire understanding of the Parents regarding custody.

13.4 Counterparts. This Agreement may be executed in counterparts.

13.5 Voluntary Execution. Each Parent represents that this Agreement is executed voluntarily, without coercion, after opportunity to consult with independent legal counsel.

EXECUTION

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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

VERIFICATION

STATE OF ALABAMA )
COUNTY OF [________________________________] )

Before me, a Notary Public in and for said County and State, personally appeared [________________________________] (Custodial Parent) and [________________________________] (Non-Custodial Parent), 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 Sole Custody Agreement, considered the best interest factors of Ala. Code § 30-3-152(a), and having considered joint custody as required by Ala. Code § 30-3-152(a), specifically finds that:

1. Sole custody to the Custodial Parent is in the best interest of the minor child(ren);
2. Joint custody is not appropriate in this case because: [________________________________];
3. The visitation schedule provides the Non-Custodial Parent with reasonable parenting time consistent with the child(ren)'s safety and welfare;

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Sole 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 § 30-3-1 — Custody of children, general provisions
• Ala. Code § 30-3-4 — Visitation rights of non-custodial parent
• Ala. Code § 30-3-150 — State policy (frequent and continuing contact)
• Ala. Code § 30-3-151 — Definitions: sole legal custody (§ 30-3-151(4)), sole physical custody (§ 30-3-151(5))
• Ala. Code § 30-3-152 — Best interest factors; court must consider joint custody in every case; rebuttable presumption when both parents request joint custody
• Ala. Code § 30-3-131 to 30-3-136 — Custody and Domestic or Family Abuse (rebuttable presumption against custody with perpetrator)
• Ala. Code § 30-3-135 — Conditions for visitation when domestic violence found
• Ala. Code § 30-3-160 to 30-3-169 — Alabama Parent-Child Relationship Protection Act (relocation)
• Ala. Code § 30-3B-101 et seq. — 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) — Modification standard
• Rule 32, ARJA — Child support guidelines
• Alabama Administrative Office of Courts — https://www.alacourt.gov