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·Title 30 Marital and Domestic Relations·Ch. 3 Child Custody and Support·Art. 1 General Provisions

(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.

Alabama § 30-3-2 (Custody and Education of Children Upon Voluntary Separation of Husband and Wife) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.)