Does a Child’s Preference Matter in Alabama Custody Cases?

When parents separate or divorce, one question that often comes up is:
“Can my child choose which parent to live with?”

The answer in Alabama is: Yes — but only to a point. A child’s preference is one of several factors the court may consider in custody cases, but it is not the deciding factor. At Ryan & Rouse, we guide parents through complex custody disputes while helping them understand what role, if any, their child’s wishes will play in court.

The Legal Standard: Best Interests of the Child

In every custody case, the court’s guiding principle is the best interests of the child — not necessarily what the child wants. Alabama judges consider a wide range of factors, including:

• The child’s age, maturity, and emotional needs
• The parenting skills and stability of each parent
• Each parent’s ability to meet the child’s educational, medical, and emotional needs
• The relationship between the child and each parent
• The home environment of each parent
• Any history of domestic violence or substance abuse

Within this framework, a child’s stated preference may be considered — if the court finds the child is mature enough to express a meaningful opinion.

Is There a Certain Age When a Child Can Choose?

Alabama law does not set a specific age at which a child can decide which parent to live with. However:

• Older children(typically ages 12 and up) are more likely to have their preference considered
• Teenagers may have stronger influence, especially if their reasoning is sound and not based on trivial or emotional factors
• Very young children(under 10) are rarely given weight in custody decisions due to concerns about maturity and outside influence

Even when a child’s preference is considered, it’s only one factor among many — and a judge can override it if the court finds that the child’s preferred parent or living situation is not in their best interest.

How Does the Court Find Out What the Child Wants?

Judges don’t typically let children testify in open court. Instead, preferences are usually gathered through:

• Guardian ad litem reports(a court-appointed attorney for the child)
• In-camera interviews(private conversations with the judge in chambers)
• Mental health evaluations or custody investigations

At Ryan & Rouse, we know how to work with guardians, evaluators, and the court to ensure that your child’s voice is heard — but in a way that doesn’t cause additional stress or conflict.

Warning: Be Careful About Coaching or Pressuring the Child

Family court judges are quick to detect manipulation or coaching. If a child’s preference appears to be the result of pressure from one parent, it can actually backfire and hurt that parent’s custody case.

Always let your child express their own feelings without pressure — and never speak negatively about the other parent in front of them.

Let Ryan & Rouse Advocate for You — and Your Child

Custody cases are deeply personal and emotionally charged. Whether you’re seeking primary custody or responding to a modification request, we’re here to provide clear, strategic guidance every step of the way.

📞 Call Ryan & Rouse at (256) 801-1000 to schedule a consultation. We’ll help you protect your rights — and do what’s best for your child.