Does the father have to prove the mother “unfit” to be awarded custody of the minor children? Or, will the mother be awarded custody of the minor children unless the father proves her to be “unfit?
The short answer to these questions is an emphatic “No.” Years ago the law in Alabama presumed that the custody of young children should be placed with the mother. That law, known as the “tender years doctrine,” essentially required the father to prove the mother to be “unfit” in order to be awarded custody of their children. In 1981 the “tender years doctrine” was negated by the Alabama Supreme Court which determined that the presumption in favor of mothers of young children was unconstitutional and unfair to fathers, who should be presumed to be as capable as mothers to exercise the care, custody and control of minor children. Continuing today, the law requires judges to consider both parents as being on an equal standing when they come before the court on a determination of custody of minor children, and it is up to the judge to make the determination of who should be awarded custody of the minor children only after a thorough examination of all of the evidence relevant to that issu
