A divorce is one of the most difficult things that someone can go through in life. Divorce can be mentally, emotionally, and financially difficult for all parties involved. It will come as no surprise that one of the most hotly contested issues in any domestic relations case is child custody. Therefore, it is important that any parent going through a divorce be aware of the factors that a judge considers when determining child custody, and the standard that the Court uses in coming to a decision.

When a domestic relations or family law case involves the custody of a child, then that child becomes a ward of the court. That means that the judge controls any matters affecting the child, including who gets custody of that child.

In the past, Alabama Courts applied the “tender years doctrine” to child custody disputes. Under the tender years doctrine, there was a presumption that children under seven years age should remain in the mother’s custody absent a compelling reason otherwise. This is no longer the case. Mothers and fathers are placed on equal footing before the court.

The tender years doctrine was replaced with a factual analysis designed to weigh the each parent’s parental capabilities with the physical, psychological, and emotional needs of the child. This factual analysis takes into consideration the following twelve (12) elements.

  1. The sex and age of the children;
  2. The characteristics and needs of each child, including their emotional, social, moral, material, and educational needs;
  3. The respective home environments offered by each party;
  4. The characteristics of those seeking custody, including age, character, stability, mental and physical health;
  5. The capacity and interest of each parent to provide for the emotional, social, moral, material, and educational needs of the children;
  6. The interpersonal relationship between the child and each parent;
  7. The interpersonal relationship between the children;
  8. The effect on the child of disrupting or continuing an existing custodial status;
  9. Preference of the child, if the child is of sufficient age and maturity;
  10. The report and recommendation of any expert witness or other independent investigator;
  11. The available alternatives;
  12. Any other relevant mater which may be present.

The family or domestic relations judge would consider each of these factors in determining which custody arrangement is in the best interests of the child. A determination that it is in the child’s best interest to place custody with one parent or the other does not necessarily render the other parent unfit.

It is crucial that any divorce lawyer understand these factors and how they apply in your unique case. As such, the most important thing in any child custody proceeding is to retain the help of an attorney. Wendell Sheffield, Anthony Bowling, and the dedicated lawyers at Sheffield & Lentine have years of experience investigating these factors and making them work for our client. If you or your loved one is going through a custody battle, please feel free to call us today to schedule a consultation.

DISCLAIMER: This article is meant to provide a starting point for discussing these issues with an experienced lawyer. This article does not constitute legal advice, nor does it form an attorney client relationship. No representation is made that the quality of legal services provided is greater than the quality of legal services provided by other lawyers. No representation is made that past outcomes are an indication of future success.