The preference of each child, if the child is of sufficient age and maturity. The report and recommendation of any expert witnesses or other independent investigator. Any other relevant matter the evidence may disclose. As a practical matter, a father wishing to establish custody over the objection of the mother probably has to prove that she is unfit as a parent. Absent a persuasive showing of one or both of these behaviors, most judges in Alabama seem reluctant to wrest custody away from a mother who wants it.
Custody is in the sound discretion of the trial court.
The text of the new Joint Custody Statute is here on the web site, if you want to see it. Alabama follows the so-called McLendon rule. The gist of the McLendon rule is that once a child has been living in a particular custody arrangement, the court will change that arrangement only if it sees a compelling reason to do so. Alabama courts consider the fault of the parties in determining custody. Mere adultery on the part of one of the parties, however, does not result in an automatic award of custody to the other.