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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