How to modify child custody and parenting time in Alabama

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Alabama Code sections 30-3-152 and 30-3-153 (joint custody), and sections 30-3-162, 30-3-163, 30-3-165, 30-3-169, 30-3-169.1 and 30-3-169.3 (the Alabama Parent-Child Relationship Protection Act, which governs moving away and changing custody after a move). The general test a court applies to change custody is not in those sections, and we say below what we could not confirm.

Alabama divorce kit Child custody in Alabama Modifying child support and alimony in Alabama After your divorce: changing a support or custody order

The short version

The Alabama statutes we read cover two things about changing custody: joint custody, and moving a child away. A court “shall in every case consider joint custody”, and if both parents ask for it, “the presumption is that joint custody is in the best interest of the child”. For a move, the parent who sets the child’s main residence must give written notice by certified mail, and the other parent has 30 days to file an objection. A move can also be “a factor to support a change of custody”, and the statute lists 17 things the court must weigh. The general test for asking a court to change an existing custody order is a matter for court decisions, which we did not read, so this page does not state it. For changing child support or alimony instead, see modifying child support and alimony in Alabama.

Joint custody

Court must consider it, 30-3-152(a). The court “shall in every case consider joint custody” but may award any form of custody it finds is in the child’s best interest. It weighs the same factors it uses for sole legal and physical custody, plus five more: the parents’ agreement or lack of agreement on joint custody; their past and present ability to cooperate and make decisions jointly; their ability to encourage love, affection and contact between the child and the other parent; any history of or potential for child abuse, spouse abuse or kidnapping; and how close the parents live to each other as it relates to practical joint physical custody.
Without both parents’ consent, (b). The court may order a form of joint custody without the consent of both parents when that is in the child’s best interest.
When both parents ask, (c). Then “the presumption is that joint custody is in the best interest of the child”, and joint custody must be granted in the final order unless the court makes specific findings explaining why not.
What a joint custody plan must cover, 30-3-153. The parents submit provisions on the care and education of the child, medical and dental care, holidays and vacations, child support, and other factors affecting the child’s physical or emotional health. They also designate which parent has primary authority over involvement in academic, religious, civic, cultural and athletic activities and medical and dental care if they cannot agree. If the parents cannot agree on these provisions, the court sets the plan.

If a parent wants to move

Which orders and which moves, 30-3-162. The article applies to custody and visitation orders whether issued before or after 1 September 2003. Where a provision conflicts with an existing order or enforceable agreement about changing the child’s primary residence, the article does not alter that order or agreement. Sections 30-3-169.1 to 169.7 do not apply to a move to a residence “60 miles or less from the residence of a non-relocating parent” or one that puts the child nearer to that parent, unless the move takes the child to a different state. A parent on active military service who is transferred under a non-voluntary government order is generally outside the article, except for the notice duty in 30-3-165(c).
Who gives notice, 30-3-163. A person who has the right to establish the child’s principal residence must give notice to every other person entitled to custody of or visitation with the child.
How and when, 30-3-165(a). By certified mail to the last known address, “not later than the 45th day before the date of the intended change”. If the person did not know and could not reasonably have known the details in time, the deadline is the 10th day after the information becomes known, where it is not reasonably possible to extend the date of the move.
What the notice must include, (b). If available: the new residence and street address; the mailing address; telephone numbers; the name, address and phone number of the child’s new school; the date of the move; the specific reasons; a proposed revised custody or visitation schedule; and a warning that an objection must be made within 30 days of receiving the notice or the move will be permitted. A continuing duty to supply new information applies, by certified mail within 10 days of learning it, under (d).
The objection window, 30-3-169. The parent may change the child’s residence after giving notice, unless someone entitled to notice files a proceeding for a temporary or permanent order to prevent the move “within 30 days after receipt of such notice”.
Who can object, 30-3-169.1. A person entitled to custody or visitation may file a proceeding objecting to the move and ask for a temporary or permanent order preventing it. A non-parent entitled to visitation may ask for a revised visitation schedule but may not object to the move. The court may extend or waive the 30-day deadline for “good cause, excusable neglect”, or if the notice was defective or insufficient. The Alabama Rules of Civil Procedure otherwise apply.

When a move becomes a reason to change custody

The rule, 30-3-169.3(a). After a temporary order or final judgment allowing a move, a court may consider the move “as a factor to support a change of custody”. It must take into account all factors affecting the child, including the 17 below.
The 17 factors. (1) The nature, quality, extent of involvement and duration of the child’s relationships with the relocating person, the other person, siblings and significant people and institutions. (2) The child’s age, developmental stage and needs, and the likely impact on the child’s physical, educational and emotional development, including special needs. (3) The increase in travel time. (4) The availability and cost of alternate means of communication with the non-relocating party. (5) The feasibility of preserving the relationship through suitable visitation, considering logistics and finances. (6) The child’s preference, considering age and maturity. (7) How much the move would uproot the child compared with how much a change of custody would. (8) The extent to which custody and visitation rights have been allowed and exercised. (9) Whether an established pattern of conduct shows an effort to promote or thwart the child’s relationship with the non-relocating person. (10) Whether the relocating person, once out of the jurisdiction, is likely to comply with a new visitation arrangement and to foster joint parenting. (11) Whether the move will enhance the general quality of life for the custodial party and the child, including financial or emotional benefit or educational opportunities. (12) Whether a support system exists near the new residence, especially in an emergency or disability. (13) Whether the new residence is in a foreign country that does not normally enforce a non-custodial parent’s visitation rights, lacks an adequate legal system, or presents a substantial risk of specific and serious harm. (14) The stability of the family unit of the people entitled to custody and visitation. (15) Each person’s reasons for seeking or opposing the move. (16) Evidence of domestic violence or child abuse. (17) Any other factor the court considers material.
What the court may order, (b) to (e). It may grant the objection, deny it, or give other appropriate relief. When it approves a move, it must order contact and telephone access sufficient to ensure “frequent, continuing, and meaningful contact” with the non-relocating party and apportion transportation costs equitably. It may consider whether to deviate from the child support guidelines because of transportation costs, and may keep jurisdiction to supervise the transition.

What we could not confirm

The general test for changing custody. The sections we read set out joint custody and relocation rules. They do not state the test a court applies when a parent asks to change an existing custody order for other reasons. That test comes from court decisions, which we did not read, so we do not state it. A lawyer licensed in Alabama can tell you which standard applies to your order.
Statute text and currency. We read section 30-3-152 as FindLaw publishes it (current as of 30 December 2024), and the other sections as Counsel Stack Legal Research publishes them. We did not compare any of them with the Alabama Legislature’s own current text. FindLaw says its codes may not reflect the most recent version of the law.
Sections we did not read. We did not read sections 30-3-150, 30-3-151, 30-3-164, 30-3-166 to 30-3-168, 30-3-169.2 or 30-3-169.4 to 30-3-169.7, or the general custody sections. Section 30-3-167 contains exceptions to the notice rules, and we do not describe them.
Forms, fees and procedure. We did not read any Alabama court form or instruction for a petition to modify custody, any filing fee for one, or the Alabama Rules of Civil Procedure. We cannot say which court hears the case in your county, what a petition must contain, or how long it takes.
How judges apply these rules. This page reports statutory text. It does not say how often courts grant or deny a relocation objection, or how local judges weigh the 17 factors.

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