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Child Custody Factors in Alabama

These are the 12 factors courts apply to decide who gets child custody in Alabama. They're from the case of Ex parte Devine, 398 So. 2d 686 (1981).

  • The sex and age of each child.
  • The emotional, social, moral, material, and educational needs of each child.
  • The respective home environments offered by each party.
  • The characteristics of each party seeking custody, including age, character, stability, mental and physical health.
  • The capacity and interest of each parent to provide for the emotional, social, moral, material and educational needs of the children.
  • The interpersonal relationship between each child and each parent.
  • The interpersonal relationship between the children.
  • The effect on the child of disrupting or continuing an existing custodial status.
  • The preference of each child, if the child is of sufficient age and maturity.
  • The report and recommendation of any expert witnesses or other independent investigator.
  • Available alternatives.
  • Any other relevant matter the evidence may disclose.


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