(a) In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days' notice thereof being given to the other, to permit either the father or mother to have the custody and control of the children and to superintend and direct their education, having regard to the prudence, ability, and fitness of the parents, and the age and sex of the children.
(b) Upon the hearing of the motion, witnesses may be examined orally or testimony may be taken as in other civil actions. While the application is pending, the court may direct an injunction or make any order that the safety and well-being of the wife or children may require.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Chapter 3 - Child Custody and Support.
Article 1 - General Provisions.
Section 30-3-2 - Custody and Education of Children Upon Voluntary Separation of Husband and Wife.
Section 30-3-4 - Visitation Rights for Grandparents.
Section 30-3-4.1 - Grandparent Visitation.
Section 30-3-4.2 - Grandparent Visitation.
Section 30-3-6.1 - Rebate of Interest on Delinquent Child Support Payments.
Section 30-3-8 - Publication of Delinquent Obligor Lists.
Section 30-3-9 - Effect of Military Deployment of Parent on Child Custody Determinations.
Section 30-3-10 - Equal Opportunity for Blind Individuals; Supportive Parenting Services.