In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence. Notwithstanding the provisions regarding rebuttable presumption, the judge must also take into account what, if any, impact the domestic violence had on the child.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Chapter 3 - Child Custody and Support.
Article 6 - Custody and Domestic or Family Abuse.
Section 30-3-130 - Definitions.
Section 30-3-132 - Factors Court Must Consider.
Section 30-3-134 - Finding of Domestic Violence Constitutes Change in Circumstances.
Section 30-3-135 - Visitation by Parent Who Committed Violence.