Alabama Temporary Custody Agreement

TEMPORARY CUSTODY AGREEMENT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________] (if filed with court)

NATURE OF TEMPORARY CUSTODY

This Temporary Custody Agreement ("Agreement") is made pursuant to the following circumstances (check applicable):

☐ Pendente Lite — Pending Divorce or Custody Proceeding (Ala. Code § 30-2-51): Temporary custody arrangement during pending divorce or custody litigation in Case No. [________________________________], Circuit Court of [________________________________] County, Alabama.

☐ Emergency Temporary Custody (Ala. Code § 30-3B-204): The child(ren) have been abandoned or it is necessary in an emergency to protect the child(ren) because the child(ren) or a sibling or parent is subjected to or threatened with mistreatment or abuse.

☐ Voluntary Temporary Custody — Parental Delegation: The Parent voluntarily delegates temporary physical custody to a Temporary Custodian (e.g., grandparent, relative, family friend) due to: ☐ Military deployment ☐ Medical treatment/hospitalization ☐ Extended work assignment ☐ Rehabilitation/treatment ☐ Other: [________________________________]

☐ Voluntary Temporary Custody — Between Parents: Parents agree to a temporary custody arrangement pending a permanent resolution.

PARTIES

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

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

Parent B / Temporary Custodian: [________________________________], residing at [________________________________], [________________________________], Alabama [____]

Relationship of Temporary Custodian to Child(ren) (if not a parent): [________________________________]

ARTICLE I — IDENTIFICATION OF CHILD(REN)

ARTICLE II — DURATION AND TERMINATION

2.1 Effective Date

This Agreement is effective as of [__/__/____].

2.2 Duration

☐ Fixed Term: This Agreement shall remain in effect until [__/__/____], unless terminated earlier pursuant to Section 2.3.

☐ Pending Court Order: This Agreement shall remain in effect until the Circuit Court of [________________________________] County, Alabama enters a permanent custody order in Case No. [________________________________].

☐ Pending Resolution of Specified Event: This Agreement shall remain in effect until: [________________________________] (e.g., Parent's return from deployment, discharge from medical treatment, completion of rehabilitation program).

☐ Until Further Order of Court.

2.3 Termination Events

This Agreement shall terminate upon the earliest of:

1. The expiration date specified in Section 2.2;
2. Entry of a permanent custody order by the Circuit Court;
3. Written notice by the Delegating Parent of intent to resume full custody, with [____] days' advance notice;
4. Mutual written agreement of the Parties;
5. Order of the Court terminating the temporary arrangement;
6. A determination that the temporary arrangement is no longer in the child(ren)'s best interest.

2.4 Pendente Lite Standard

If this Agreement is entered pendente lite during a pending divorce, the Court should maintain the status quo to the extent possible and keep both parties at as close to their pre-filing positions as practicable while the case is pending. The pendente lite arrangement may be modified upon a showing of a material change in circumstances.

ARTICLE III — TEMPORARY CUSTODY ARRANGEMENT

3.1 Physical Custody

☐ Option A — Temporary Custodian Has Temporary Physical Custody:
The Temporary Custodian shall have temporary physical custody of the child(ren) during the term of this Agreement. The child(ren) shall reside with the Temporary Custodian at [________________________________].

☐ Option B — Shared Temporary Custody Between Parents (Pendente Lite):
During the pendente lite period, Parents shall share physical custody as follows:

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

☐ Option C — Temporary Primary Custody to One Parent:
Parent [____] shall have temporary primary physical custody. Parent [____] shall have parenting time as follows: [________________________________]

3.2 Legal Custody and Decision-Making

☐ Option A — Parent Retains Legal Custody:
The Delegating Parent retains all legal custody and decision-making authority for major decisions (education, health care, religious training). The Temporary Custodian shall make routine day-to-day decisions and must consult the Delegating Parent before making any major decision.

☐ Option B — Temporary Custodian Has Temporary Legal and Physical Custody:
The Temporary Custodian has temporary authority to make major decisions in the child(ren)'s best interest, with the expectation of consulting the Parent when reasonably possible. The Temporary Custodian may:

• Enroll the child(ren) in school
• Consent to routine and emergency medical care
• Authorize participation in extracurricular activities
• Make day-to-day care decisions

☐ Option C — Joint Temporary Legal Custody (Pendente Lite Between Parents):
Both Parents shall share temporary joint legal custody. Major decisions shall be made jointly per Ala. Code § 30-3-151(2). If the Parents cannot agree, ☐ the status quo shall be maintained ☐ Parent [____] shall have tie-breaking authority ☐ either Parent may seek an emergency ruling from the Court.

3.3 Specific Decision-Making Authority

ARTICLE IV — VISITATION AND CONTACT

4.1 Delegating Parent / Non-Custodial Parent Visitation

The Delegating Parent/Non-Custodial Parent shall have contact with the child(ren) as follows:

☐ Liberal Visitation: As mutually agreed between the Parties

☐ Scheduled Visitation:

• [________________________________]
• [________________________________]
• [________________________________]

☐ Virtual/Remote Contact (if Parent is unavailable due to deployment, hospitalization, etc.):

• Telephone/video calls: [________________________________]
• Written correspondence: [________________________________]
• The Parent shall maintain contact as frequently as circumstances permit

☐ Supervised Visitation:

• Frequency: [________________________________]
• Location: [________________________________]
• Supervisor: [________________________________]
• Reason: [________________________________]

4.2 Holiday Schedule During Temporary Period

☐ Regular visitation schedule continues through holidays
☐ Modified holiday schedule:
| Holiday | Parent A/Custodian | Parent B | Times |
|---|---|---|---|
| Thanksgiving | [________] | [________] | [________________________________] |
| Christmas Eve | [________] | [________] | [________________________________] |
| Christmas Day | [________] | [________] | [________________________________] |
| Spring Break | [________] | [________] | [________________________________] |
| Other: [________] | [________] | [________] | [________________________________] |

ARTICLE V — RETURN OF CHILD(REN) AND TRANSITION

5.1 Return Upon Termination

Upon termination of this Agreement under Article II, the Temporary Custodian shall promptly return the child(ren) to the Delegating Parent/Court-designated custodian.

5.2 Gradual Transition (If Applicable)

☐ Upon the Delegating Parent's return/availability, the child(ren) shall transition back to the Parent's full custody through the following graduated schedule:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3: [________________________________]
• Week 4+: Full custody resumed

☐ Immediate return; no graduated transition.

5.3 Failure to Return

Failure to return the child(ren) upon lawful termination of this Agreement may constitute custodial interference under Ala. Code §§ 13A-6-45 and 13A-6-46, and may subject the Temporary Custodian to civil and criminal liability.

ARTICLE VI — COMMUNICATION AND REPORTING

6.1 Updates to Parent

The Temporary Custodian shall provide the Delegating Parent with:

• Weekly updates on the child(ren)'s health, activities, school performance, and general welfare
• Prompt notification (within 24 hours) of any illness, injury, emergency, or hospitalization
• Copies of report cards, school communications, and medical records
• Notice of any contact with DHR (Alabama Department of Human Resources) or law enforcement
• Notice of any disciplinary issues at school

6.2 Facilitating Parent-Child Contact

The Temporary Custodian shall facilitate regular communication between the child(ren) and the Delegating Parent, including telephone, video calls, and written correspondence as specified in Article IV.

6.3 Contact Information

The Delegating Parent shall maintain current contact information with the Temporary Custodian and remain reasonably available for consultation regarding the child(ren).

ARTICLE VII — FINANCIAL RESPONSIBILITIES

7.1 Child Support

☐ Pendente Lite Support (Ala. Code § 30-2-51): Parent [____] shall pay temporary child support of $ [________________________________] per month, calculated pursuant to Rule 32, ARJA. Payments shall be made: ☐ Directly to the other Parent ☐ Through the Alabama State Disbursement Unit.

☐ Direct Expense Payment: The Delegating Parent shall continue to pay directly for: ☐ Health insurance ☐ School tuition ☐ Childcare ☐ Extracurriculars ☐ Other: [________________________________]. The Temporary Custodian shall cover day-to-day living expenses.

☐ Financial Support to Temporary Custodian: The Delegating Parent shall pay $ [________________________________] per month to the Temporary Custodian for the child(ren)'s expenses.

☐ No Financial Exchange: The Temporary Custodian assumes all expenses during the temporary period.

7.2 Health Insurance

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

Insurance carrier: [________________________________]
Policy number: [________________________________]
Group number: [________________________________]

7.3 Unreimbursed Medical Expenses

Unreimbursed medical expenses shall be: ☐ Paid by Delegating Parent ☐ Shared [____]% / [____]% ☐ Paid by Temporary Custodian ☐ Other: [________________________________]

ARTICLE VIII — EMERGENCY PROVISIONS (Ala. Code § 30-3B-204)

8.1 Emergency Jurisdiction

If this Agreement is based on emergency circumstances under Ala. Code § 30-3B-204 (UCCJEA — Temporary Emergency Jurisdiction), the following applies:

• Alabama courts may exercise temporary emergency jurisdiction if the child is present in Alabama and has been abandoned, or it is necessary in an emergency to protect the child
• An emergency order remains in effect until an order is obtained from a court with jurisdiction under Ala. Code §§ 30-3B-201 or 30-3B-202
• If no proceeding has been commenced in a court with jurisdiction, an emergency order becomes a final determination if it so provides and Alabama becomes the child's home state

8.2 Emergency Contact Information

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

☐ Not applicable.

☐ Domestic violence is a factor in this temporary custody arrangement.

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

Safety provisions during the temporary period:
☐ No contact between [________________________________] and the child(ren) except as specified in supervised visitation
☐ Supervised exchanges at [________________________________]
☐ All communication through [________________________________]
☐ Protection From Abuse order in effect: Case No. [________________________________]
☐ Other: [________________________________]

ARTICLE X — ADDITIONAL COVENANTS

10.1 Best Interests

The Temporary Custodian shall act in the child(ren)'s best interests at all times and maintain the child(ren)'s safety, health, and welfare.

10.2 Consistency

The Temporary Custodian shall, to the extent reasonable, maintain consistency with the Delegating Parent's child-rearing values, discipline methods, household rules, and the child(ren)'s established routines.

10.3 No Permanent Relocation

The Temporary Custodian shall not relocate the child(ren) outside of [________________________________] County, Alabama (or [________________________________]) without the Delegating Parent's written consent or court order.

10.4 No Delegation

The Temporary Custodian shall not delegate custody of the child(ren) to a third party without the Delegating Parent's written consent, except for routine childcare arrangements.

10.5 Substance Restrictions

The Temporary Custodian shall not consume alcohol to impairment or use any illegal substance while caring for the child(ren).

10.6 Firearms Safety

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

10.7 Non-Disparagement

Neither Party shall make negative or disparaging remarks about the other in the child(ren)'s presence.

ARTICLE XI — PRESERVATION OF PARENTAL RIGHTS

11.1 Temporary Nature

This Agreement is explicitly temporary and shall not:

• Constitute a permanent change in custody
• Be construed as abandonment of parental rights
• Create a presumption in favor of any party in a subsequent permanent custody determination
• Affect the Delegating Parent's fundamental constitutional right to the care, custody, and control of the child(ren)

11.2 No Adverse Inference

The Delegating Parent's voluntary delegation of temporary custody shall not be used as evidence against the Delegating Parent in any subsequent custody proceeding.

ARTICLE XII — DISPUTE RESOLUTION

12.1 Good-Faith Communication

The Parties shall first attempt to resolve disputes through direct communication.

12.2 Mediation

If direct communication fails, the Parties shall participate in mediation before petitioning the Court, except in emergencies involving the child(ren)'s safety.

☐ Mediation waived due to domestic violence.

12.3 Court Proceedings

The Circuit Court of [________________________________] County, Alabama retains jurisdiction to interpret, modify, or enforce this Agreement.

12.4 Governing Law

This Agreement is governed by the laws of the State of Alabama, including Ala. Code § 30-3-1 et seq., Ala. Code § 30-3B-101 et seq. (UCCJEA), and Ala. Code § 26-2A-1 et seq. (Alabama Uniform Guardianship and Protective Proceedings Act).

ARTICLE XIII — GENERAL PROVISIONS

13.1 Court Approval. ☐ This Agreement shall be submitted to the Circuit Court for approval. ☐ This is a private agreement that may be filed with the Court if enforcement is needed.

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

13.3 Temporary Nature Acknowledged. Both Parties acknowledge the temporary nature of this Agreement as set forth in Article XI.

13.4 Amendment. This Agreement may be modified by written agreement of both Parties (and Court approval, if court-filed).

13.5 Counterparts. This Agreement may be executed in counterparts.

13.6 Voluntary Execution. Each Party represents that this Agreement is entered into voluntarily, without coercion or duress.

ADDITIONAL DOCUMENTS

The following additional documents may be required depending on your circumstances:

☐ Power of Attorney for Minor Child — Required if the Temporary Custodian is not a parent and needs authority to enroll the child(ren) in school or consent to medical care. (See Ala. Code § 26-2A-8 for temporary guardianship provisions.)

☐ Caregiver Authorization Affidavit — May be needed for school enrollment by non-parent caregivers.

☐ CS-41 (Income Withholding for Support) — If child support is included, an income withholding order may be filed with the Alabama State Disbursement Unit.

☐ Petition for Pendente Lite Relief — Required filing with the Circuit Court in divorce actions (Ala. Code § 30-2-51).

EXECUTION

PARENT A / DELEGATING PARENT:

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

PARENT B / TEMPORARY CUSTODIAN:

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

VERIFICATION

STATE OF ALABAMA )
COUNTY OF [________________________________] )

Before me, a Notary Public in and for said County and State, personally appeared [________________________________] and [________________________________], 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 (If Submitted for Court Approval)

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

The Court, having reviewed the foregoing Temporary Custody Agreement, and being satisfied that temporary custody as described herein serves the best interests of the minor child(ren) under Ala. Code § 30-3-152, hereby APPROVES and INCORPORATES the foregoing Temporary Custody Agreement as a temporary order of this Court.

This temporary order shall remain in effect until [________________________________] or until further order of the Court.

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

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

Sources and References

• Ala. Code § 30-2-51 — Pendente lite relief (custody and support during pending divorce)
• Ala. Code § 30-3-1 — Custody of children, general provisions
• Ala. Code § 30-3-150 to 30-3-157 — Alabama Joint Custody Act
• Ala. Code § 30-3-152 — Best interest factors for custody determination
• Ala. Code § 30-3-131 to 30-3-136 — Custody and Domestic or Family Abuse
• Ala. Code § 30-3B-101 et seq. — UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)
• Ala. Code § 30-3B-204 — UCCJEA temporary emergency jurisdiction
• Ala. Code § 26-2A-8 — Temporary guardianship of minor
• 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
• Jefferson County Family Court — 10th Judicial Circuit, Birmingham, AL
• Alabama Administrative Office of Courts — https://www.alacourt.gov
• Alabama State Disbursement Unit — Child support payment processing