The short answer to the question is it depends. It has been said that whether you think you can or you think you can’t, you are usually right. It has been in the minds of many men, in Alabama, and around the world, that “mom’s get custody, and dad’s get every other weekend.” But that is not rooted in what the law actually says today. And in fact, we regularly help men fight for and win both shared and primary custody of their children.
As a father, you may be anxious about your chances of obtaining full custody of your child in a separation or divorce case. The complexities of family law can seem overwhelming, and the stakes seem incredibly high when the custody of your child is involved. At Morris Firm for Men, we understand these concerns, and we aim to provide clarity to fathers embarking on this challenging journey. Here, we will break down some key concepts in child custody, explain how the court assesses the best interest of the child, and discuss factors that impact custody decisions.
Understanding Child Custody
Child custody encompasses the duties and rights that parents have in relation to their child’s upbringing. It’s subdivided into “Physical Custody” and “Legal Custody.”
Physical Custody refers to the right to physical time with the child, and can be shared or designated to one parent or the other. The parent with primary custody is going to be where the child’s primary residence is. A parent with physical custody has the child living with them most of the time. If a father is given full physical custody, the child would reside primarily with him, and the mother may have visitation rights or shared time.
On the other hand, Legal Custody pertains to a parent’s right to make significant decisions impacting the child’s upbringing, such as choices about education, healthcare, and religious indoctrination. Legal custody also includes the right to information concerning the child, such as where do they live, where do they go to school/daycare, who is their doctor, when is the next appointment, what teams do they play for and what is the schedule … etc.
Because there is at least a general understanding that it is important for both parents to be involved in a child’s life, the courts generally aim for joint custody arrangements whenever possible, respecting the importance of both parents in a child’s life.
A parent with full legal custody has the exclusive right to make these crucial decisions, and absent other language in the order, would have no duty to share important information about the child with the other parent.
Best Interests of the Child
During the 1970’s Alabama Law favored awarding custody to mother’s during the child(ren)’s “tender years”, age zero to five years old. This was known as “the tender years doctrine”. However, in 1981, that standard and practice was struck down by the Alabama Supreme Court as a violation of equal protection. Afterwards, the tender years doctrine was replaced with the “Best Interest Standard”, which is still the standard in Alabama today for initial custody determinations. The guiding principle in any child custody case is always the “best interests of the child.” Essentially, the court’s priority is to ensure that the child’s welfare, both physical and emotional, is upheld in any custody arrangement.
This principle places the child’s safety, happiness, and emotional and developmental needs above the desires or convenience of either parent. Courts will evaluate various factors, such as the child’s age, health, and emotional ties with the parents, the stability and safety of each parent’s home, and the willingness of each parent to encourage a relationship between the child and the other parent.
Factors Considered in Custody Decisions
When evaluating a father’s suitability for full custody, fathers should realize that courts do not automatically favor mothers. Today, gender bias is less prevalent, and courts recognize that fathers can be just as capable and nurturing as mothers. Several key factors are assessed to determine the best interest of the child.
Under the best interest standard, the court must “consider the individual facts of the case. … the court must … consider the characteristics and needs of each child, including their emotional, social, moral, material and educational needs; the respective home environments offered by the parties; the characteristics of those 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; and any other relevant matter the evidence may disclose.” Devine v. Devine, 398 So. 2d 686, 696-97 (Ala. 1981).
The court considers the quality of the relationship between each parent and the child. Can the parent meet the child’s emotional and developmental needs? Does the child have a close bond with each parent?
The court will also examine how stable is each parent’s home environment; can the parent provide a consistent, supportive, safe space for the child’s growth and development; will the parent be able to care for the child financially and physically, or in the case of an emergency?
Each parent’s ability to ensure the child’s necessary care, including feeding, clothing, healthcare provisions, and emotional support, will also be evaluated.
Morris Firm for Men: Advocating for Fathers
Having an attorney that is familiar with these factors and how to demonstrate them to the Court will help give you your best chance at winning custody of your child(ren). At Morris Firm for Men, we understand that child custody cases can feel like an uphill battle. We specialize in advocating for fathers, working tirelessly to ensure their rights are respected and their relationships with their children are protected. If you’re facing a child custody case and want a partner to guide you through each step, Morris Firm for Men is ready to support you.
