It is usually best if the parties can come to an agreement on custody arrangements for the sake of the children. However, this is usually not the case as most parents rightly don’t want to give up any time with their child so it is left for the court to decide. The court makes its determinations based on what they decide is in the best interest of the child, meaning not only their physical but also emotional well-being is considered. If a parent wants to file for changes to custody already in place, they usually must show a “material change” in the child’s current living arrangements such as abuse, neglect or unsafe situations before the court orders changes. As a side note, contrary to what some think, just because a spouse is cheating doesn’t automatically mean they will lose custody in Alabama.