• The judge will declare custody depending on the child's welfare.Dialogue of mother with the daughter in house conditions image by Mykola Velychko from Fotolia.com
  
  When deciding child custody and visitation arrangements in a divorce proceeding, the state of Alabama considers what will be in the best interest of the child. The judge will award sole or joint custody to the parents depending on several factors surrounding the living situation and emotional and mental state of all the parties involved, including the child.
  
  

Custody Factors

• The court will review several factors concerning all parties involved.Justice image by MVit from Fotolia.com
  
  The court will look to numerous factors when deciding the custody and visitation arrangement between the divorcing spouses. Among them are the age and sex of the child, the child's emotional and physical state, and the living situation of each parent. In addition, the judge will decide which parent would provide emotional, moral and financial support to the child. Finally, the relationship between the child and each parent is carefully reviewed.
  
  

Child Support

• Alabama uses "Income Shares" to determine child support.child and adult money image by Alexandr Shebanov from Fotolia.com
  
  To determine how much each party will contribute financially to the welfare of the minor child, the court will use a predetermined formula created by Alabama statute. Alabama uses a formula called "Income Shares" which observes several factors: the gross income of both parents; each parent's gross income as a percentage of the combined gross income; and any pre-existing duty to contribute child support from either party. The court also considers the total number of minor children between the two separating parties. Finally, the cost of health insurance for each minor child involved is considered.
  
  

Exceptions

• The court may use its discretion in certain situations.Hand of the hand image by Roman Rvachov from Fotolia.com
  
  The court must look to the mandatory guidelines when deciding custody arrangements. There are, however, a few exceptions where the court may use its discretion. One is where separating spouses create a written contract that is fair to both parties involved. Another situation is when the judge finds that following the mandatory guidelines of the state of Alabama would be unjust or inequitable for the parties involved.