Alabama § 30-3-2 Custody and Education of Children Upon Voluntary Separation of Husband and Wife

Alabama Statutes

§ 30-3-2 — Custody and Education of Children Upon Voluntary Separation of Husband and Wife

Alabama § 30-3-2

Title 30Marital and Domestic Relations

Ch. 3Child Custody and Support

Art. 1General Provisions

This text of Alabama § 30-3-2 (Custody and Education of Children Upon Voluntary Separation of Husband and Wife) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 30-3-2 (2026).

Text

(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.

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(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.

Legislative History

(Code 1852, §§2006, 2007; Code 1867, §§2397, 2398; Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907, §§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79, 80.)