Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, he shall have the custody of the children after they are seven years of age, if he is a suitable person to have such charge.
Ala. Code § 30-3-1
Custody and Education of Children Upon Grant of Divorce; Custody of Children Where Wife Abandons Husband.
Applied in 1 court decision — leading case In Re Poffenbarger (2002)
Most recently applied in In Re Poffenbarger (March 2002)
(Code 1852, §1977; Code 1867, §2367; Code 1876, §2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940, T. 34, §35.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.