What Happens at a Custody Hearing in Alabama?

By Ryan & Rouse | Family Law Attorneys | 256-801-1000

If you’re preparing for a custody hearing in Alabama, you might be anxious, confused, or unsure of what to expect. That’s normal — but at Ryan & Rouse, we believe that knowledge is power. Understanding how custody hearings work can help you prepare, stay focused, and present your case effectively.

What Is a Custody Hearing?

A custody hearing is a formal court proceeding where a judge decides how legal and physical custody of a child should be divided between the parents. It may be part of a divorce, a paternity case, or a modification of a previous custody order.

In Alabama, custody decisions are always based on one thing: the best interests of the child.

What Happens Before the Hearing?

Before your hearing date, both sides are typically required to:

• Submit financial affidavits
• Exchange evidence such as texts, emails, school records, or witness statements
• File proposed parenting plans outlining the desired custody schedule and decision-making responsibilities.

In some counties, you may also be ordered to attend mediation before the hearing to see if an agreement can be reached outside of court.

What to Expect at the Hearing

Here’s a basic outline of how custody hearings in Alabama usually unfold:

1. Opening Statements
   Each attorney may give a brief statement outlining their client’s position and what they want the court to order.
2. Presentation of Evidence
   Both sides will present testimony and documents to support their case. This may include: (a) Parent testimony about caregiving history and home environment; (b) Teachers, counselors, or relatives as witnesses; (c) School or medical records; and/or (d) Messages or records showing cooperation (or lack thereof) between parents.
3. Cross-Examination
   Each side has the right to question the other’s witnesses.
4. Closing Arguments
   Lawyers summarize the evidence and explain why the proposed custody arrangement serves the child’s best interests.
5. Judge’s Decision
   The judge may make a ruling from the bench or take the case under advisement and issue a written order later.

What Judges Consider

Judges weigh many factors when deciding custody, including:

• Each parent’s ability to meet the child’s needs
• The child’s relationship with each parent
• The stability of each home
• Any history of domestic violence or substance abuse
• The child’s preference (if old enough and mature)

The goal is not to punish either parent — it’s to determine what arrangement will give the child the most stability, support, and opportunity to thrive.

How Ryan & Rouse Can Help

Custody hearings can be emotional and complex, especially when the other parent is combative or uncooperative. At Ryan & Rouse, we help clients prepare strong, evidence-backed cases that focus on what matters most — the child’s well-being.

📞 Call us today at (256) 801-1000 to schedule a consultation. Whether you're fighting for custody or responding to a petition, we’ll stand by you every step of the way.