Alabama’s Two Standards for Modifying Child Custody

Understanding the McLendon and Couch Standards

By Paul A. Seckel, Attorney at Law
Posted September 3, 2016 — Updated for 2025

Child custody arrangements are often among the most sensitive and emotionally charged issues in family law. Even after a divorce or custody order is finalized, life circumstances can change — a parent may relocate, remarry, change jobs, or experience other events that affect the child’s well-being.

When that happens, one or both parents may seek to modify the existing custody arrangement. But under Alabama law, changing custody isn’t easy — and the standard the court applies depends on the specifics of your situation.

In Whitehead v. Whitehead, decided on February 12, 2016, the Alabama Court of Civil Appeals provided an excellent explanation of the two different standards courts use in custody modification cases: the McLendon Standard and the Couch Standard.

The Two Custody Modification Standards in Alabama

1. The McLendon Standard

The McLendon standard comes from the case Ex parte McLendon, 455 So.2d 863 (Ala. 1984). This is the stricter of the two tests and applies when one parent has been awarded primary physical custody in a prior court order.

Under this standard, the parent seeking a change in custody must prove:

1. A material change in circumstances has occurred since the last custody judgment, and

2. The proposed custody change will materially promote the child’s best interests, and

3. The benefits of the change outweigh the disruptive effect of uprooting the child from their current environment.

In other words, courts presume that the current custody arrangement is working — and the parent asking for a modification carries a heavy burden to show that a change would substantially improve the child’s life.

This rule is designed to prioritize stability in the child’s upbringing, minimizing emotional and psychological disruption.

2. The Couch Standard (“Best Interest of the Child”)

The Couch standard, named after Ex parte Couch, 521 So.2d 987 (Ala. 1988), applies in cases involving initial custody determinations or where both parents share joint physical custody.

Under the Couch standard, the court’s focus is broader and less restrictive — it simply asks:

What custody arrangement is in the best interest of the child?

Factors that may influence this determination include:

• The child’s emotional, educational, and social needs

• Each parent’s ability to provide a stable home environment

• The relationship between the child and each parent

• The parents’ moral character and behavior

• The child’s wishes (depending on age and maturity)

This standard gives judges more discretion to evaluate all relevant factors without the higher burden of proof required under McLendon.

Determining Which Standard Applies

The type of custody currently in place determines which standard the court will use:

Example:

• If you and your former spouse share joint custody, and one parent wants to become the primary custodial parent, the Couch standard applies.

• But if one parent already has primary physical custody, and the other wants to take over as the custodial parent, the McLendon standard applies.

Why the Difference Matters

The difference between the two standards is significant. Under the Couch standard, courts can modify custody based simply on what arrangement serves the child’s best interests today.

But under the McLendon standard, a parent must clear a much higher legal hurdle — proving not only that circumstances have changed, but that the change will materially improve the child’s welfare to such a degree that it outweighs the disruption caused by changing custody.

That’s why working with an experienced Alabama family law attorney is so important. Understanding which standard applies to your case can dramatically affect your strategy — and your likelihood of success.

The Importance of Legal Guidance

Custody modification cases are emotionally complex and legally challenging. Courts place the child’s stability and welfare above all else, and proving your case requires strong evidence, credible testimony, and skilled advocacy.

At Guntersville Law, LLC, we help parents across Marshall County and North Alabama navigate custody modification proceedings. Whether you are seeking to change custody or defending your current arrangement, we provide compassionate, strategic representation every step of the way.

We will:

• Review your existing custody order and determine which legal standard applies

• Evaluate whether a material change in circumstances exists

• Collect the necessary evidence and witness testimony to support your case

• Present a compelling argument focused on your child’s best interests

Schedule a $100, 30-Minute Consultation

If you’re considering modifying a custody arrangement in Alabama, don’t make assumptions about which standard applies — get clear answers from an attorney who knows family law inside and out.

📞 Call Guntersville Law, LLC at 256-571-1529 to schedule your $100, 30-minute confidential consultation with attorney Paul A. Seckel.

We’ll explain your options, help you understand the Couch and McLendon standards, and work to protect both your rights and your child’s future.

Serving Guntersville, Albertville, Arab, Boaz, Marshall County, and all of North Alabama.