Custody Modification

In certain situations, custody can be modified from one parent to another, or to a joint custody arrangement.  There are different standards in Alabama.  If one parent has previously been awarded primary physical custody, the standard to justify a change in physical custody is much higher.  In that case, a parent must prove that any detriment to the child is outweighed by the benefit.  If no primary physical custodian has been designated, the burden is the lower best interest of the child burden.  In either case, the parent asking the Court to change custody must show a material change in circumstances from the prior Court order.