The Alabama Court of Civil Appeals recently issued a ruling in the divorce case of Carlton Lamar Avery and Erica Nicole Avery, affecting child custody and financial support arrangements. The court's decision, released on July 31, 2026, addresses serious allegations of domestic violence and the welfare of the couple's young child. This ruling is significant as it sets precedents for how courts may handle similar cases involving domestic violence and child custody.
The case began when Carlton Avery filed for divorce from Erica Avery on April 26, 2023, citing incompatibility and an irretrievable breakdown of the marriage. Erica responded with a counterclaim, alleging domestic violence by Carlton, which she claimed occurred in front of their minor child. The couple married on June 28, 2019, and their child was born on March 29, 2022. The divorce proceedings took place in the Elmore Circuit Court, where both parties presented their cases.
During the trial, Erica provided testimony detailing multiple instances of domestic violence, including physical abuse that she claimed occurred while their child was present. She testified that Carlton had been arrested for domestic violence in 2020 and had pleaded guilty, which led to court-ordered anger management classes. The court heard evidence of a particularly violent incident in April 2023, which prompted Erica to leave the marital home with their child.
On August 7, 2025, the circuit court issued a judgment that awarded Erica sole legal and physical custody of their child, along with child support and alimony. The court found that Carlton had committed acts of domestic violence, which influenced its decision regarding custody. The court also ordered Carlton to pay $665 per month in child support and $3,000 per month in rehabilitative alimony for 36 months.
Following the initial ruling, both parties filed motions to alter the judgment. Erica sought to amend the judgment to include a specific finding of domestic violence, while Carlton argued for joint custody and challenged the alimony award. The circuit court subsequently amended its judgment, increasing the child support to $820 per month and affirming Erica's sole custody.
The Alabama Court of Civil Appeals, led by Judge Bowden, reviewed the case and ultimately affirmed the circuit court's decision regarding custody and child support. The court stated, "The presumption arose that it would be against the child's best interest to be placed in the husband's sole physical custody or in the parties' joint legal custody or joint physical custody." This ruling emphasizes the court's commitment to prioritizing the child's welfare in cases involving domestic violence.
However, the appellate court reversed the alimony award, stating that the circuit court had failed to include the necessary statutory findings required for awarding alimony. The court noted, "The alimony award is due to be reversed, and the cause must be remanded for the circuit court to make the required findings." This aspect of the ruling indicates the importance of following legal protocols in financial matters during divorce proceedings.
The ruling has implications for future cases involving domestic violence and custody disputes. It reinforces the legal standards that courts must consider when determining custody arrangements, especially in situations where domestic violence is present. The decision also highlights the need for clear and documented findings when awarding alimony, ensuring that both parties' financial situations are fairly evaluated.
Moving forward, the case will return to the Elmore Circuit Court for further proceedings regarding the alimony award and the division of marital property. The court will need to make the necessary findings as outlined in the appellate court's decision. This ruling serves as a reminder of the complexities involved in divorce cases, particularly when children are at stake.
Details were not available in the court filing regarding whether Carlton intends to appeal the decision further or if there are related cases pending. However, the outcome of this case will likely influence similar divorce proceedings in Alabama, especially those involving allegations of domestic violence.