Alabama 2025 Regular Session

Alabama House Bill HB53 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB53INTRODUCED
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3	3	HB53
4	4	ENJX99C-1
5	5	By Representative Sellers
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
8	8	PFD: 01-Oct-24
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14	14	6 ENJX99C-1 09/16/2024 GP (L)lg 2024-2514
15	15	Page 1
16	16	PFD: 01-Oct-24
17	17	SYNOPSIS:
18	18	Under existing law, it is the policy of the
19	19	state to assure that minor children have frequent and
20	20	continuing contact with parents who act in the best
21	21	interest of their children.
22	22	This bill would create a rebuttable presumption
23	23	that joint custody is in the best interest of the
24	24	child, except in cases of domestic or family violence.
25	25	A BILL
26	26	TO BE ENTITLED
27	27	AN ACT
28	28	Relating to child custody; to amend Sections 30-3-150,
29	29	30-3-151, 30-3-152, and 30-3-153; to create a rebuttable
30	30	presumption of joint custody, except in cases of domestic or
31	31	family violence.
32	32	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
33	33	Section 1. Sections 30-3-150, 30-3-151, 30-3-152, and
34	34	30-3-153, Code of Alabama 1975, are amended to read as
35	35	follows:
36	36	"§30-3-150
37	37	Joint Custody. It is the policy of this state to assure
38	38	that minor children have frequent and continuing contact with
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68	68	that minor children have frequent and continuing contact with
69	69	parents who have shown the ability to act in the best interest
70	70	of their children and to encourage parents to share in the
71	71	rights and responsibilities of rearing their children after
72	72	the parents have separated or dissolved their marriage. Joint
73	73	custody does not necessarily mean equal physical custody. "
74	74	"§30-3-151
75	75	For the purposes of this article the following words
76	76	shall have the following meanings:
77	77	(1) JOINT CUSTODY. Joint legal custody and joint
78	78	physical custody.
79	79	(2) JOINT LEGAL CUSTODY. A custody arrangement where
80	80	both Both parents have equal rights and responsibilities for
81	81	major decisions concerning the child, including, but not
82	82	limited to, the education of the child, health care, and
83	83	religious training. The court may designate one parent to have
84	84	sole power to make certain decisions while both parents retain
85	85	equal rights and responsibilities for other decisions.
86	86	(3) JOINT PHYSICAL CUSTODY. A custody arrangement where
87	87	physical Physical custody is shared by the parents in a way
88	88	that assures the child frequent and substantial contact with
89	89	each parent. Joint physical custody does not necessarily mean
90	90	physical custody of equal durations of time.
91	91	(4) SOLE LEGAL CUSTODY. A status of custody where one
92	92	One parent has sole rights and responsibilities to make major
93	93	decisions concerning the child, including, but not limited to,
94	94	the education of the child, health care, and religious
95	95	training.
96	96	(5) SOLE PHYSICAL CUSTODY. A status of custody where
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126	126	(5) SOLE PHYSICAL CUSTODY. A status of custody where
127	127	one One parent has sole physical custody and the other parent
128	128	has rights of visitation except as otherwise provided by the
129	129	court."
130	130	"§30-3-152
131	131	(a) Except as provided in Section 30-3-131, there shall
132	132	be a presumption, rebuttable by a preponderance of evidence,
133	133	that joint custody is in the best interest of the child. The
134	134	court shall in every case consider joint custody but may award
135	135	any form of custody which is determined to be in the best
136	136	interest of the child. In determining whether joint custody is
137	137	in the best interest of the child, the court shall consider
138	138	the same factors considered in awarding sole legal and
139	139	physical custody any other custody arrangement and all of the
140	140	following factors:
141	141	(1) The agreement or lack of agreement of the parents
142	142	on joint custody.
143	143	(2) The past and present ability of the parents to
144	144	cooperate with each other and make decisions jointly.
145	145	(3) The ability of the parents to encourage the sharing
146	146	of love, affection, and contact between the child and the
147	147	other parent.
148	148	(4) Any history of or potential for child abuse, spouse
149	149	abuse, or kidnapping.
150	150	(5) The geographic proximity of the parents to each
151	151	other as this relates to the practical considerations of joint
152	152	physical custody.
153	153	(b) The court may order a form of joint custody without
154	154	the consent of both parents, when it is in the best interest
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184	184	the consent of both parents, when it is in the best interest
185	185	of the child.
186	186	(c) If both parents request joint custody, the
187	187	presumption is that joint custody is in the best interest of
188	188	the child. Joint custody shall be granted in the final order
189	189	of the court unless the court makes specific findings as to
190	190	why joint custody is not granted."
191	191	"§30-3-153
192	192	(a) If the presumption of joint custody is not
193	193	rebutted, in In order to implement joint custody, the court
194	194	shall require the parents to submit, as part of their
195	195	agreement, provisions covering matters relevant to the care
196	196	and custody of the child, including, but not limited to, all
197	197	of the following:
198	198	(1) The care and education of the child.
199	199	(2) The medical and dental care of the child.
200	200	(3) Holidays and vacations.
201	201	(4) Child support.
202	202	(5) Other necessary factors that affect the physical or
203	203	emotional health and well-being of the child.
204	204	(6) Designating the parent possessing primary authority
205	205	and responsibility regarding involvement of the minor child in
206	206	academic, religious, civic, cultural, athletic, and other
207	207	activities, and in medical and dental care if the parents are
208	208	unable to agree on these decisions. The exercise of this
209	209	primary authority is not intended to negate the responsibility
210	210	of the parties to notify and communicate with each other as
211	211	provided in this article.
212	212	(b) If the parties are unable to reach an agreement as
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242	242	(b) If the parties are unable to reach an agreement as
243	243	to the provisions in subsection (a), the court shall set the
244	244	plan."
245	245	Section 2. This act shall become effective on October
246	246	1, 2025.
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