HB53INTRODUCED
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HB53
ENJX99C-1
By Representative Sellers
RFD: Judiciary
First Read: 04-Feb-25
PFD: 01-Oct-24
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6 ENJX99C-1 09/16/2024 GP (L)lg 2024-2514
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PFD: 01-Oct-24
SYNOPSIS:
Under existing law, it is the policy of the
state to assure that minor children have frequent and
continuing contact with parents who act in the best
interest of their children.
This bill would create a rebuttable presumption
that joint custody is in the best interest of the
child, except in cases of domestic or family violence.
A BILL
TO BE ENTITLED
AN ACT
Relating to child custody; to amend Sections 30-3-150,
30-3-151, 30-3-152, and 30-3-153; to create a rebuttable
presumption of joint custody, except in cases of domestic or
family violence.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 30-3-150, 30-3-151, 30-3-152, and
30-3-153, Code of Alabama 1975, are amended to read as
follows:
"§30-3-150
Joint Custody. It is the policy of this state to assure
that minor children have frequent and continuing contact with
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that minor children have frequent and continuing contact with
parents who have shown the ability to act in the best interest
of their children and to encourage parents to share in the
rights and responsibilities of rearing their children after
the parents have separated or dissolved their marriage. Joint
custody does not necessarily mean equal physical custody. "
"§30-3-151
For the purposes of this article the following words
shall have the following meanings:
(1) JOINT CUSTODY. Joint legal custody and joint
physical custody.
(2) JOINT LEGAL CUSTODY. A custody arrangement where
both Both parents have equal rights and responsibilities for
major decisions concerning the child, including, but not
limited to, the education of the child, health care, and
religious training. The court may designate one parent to have
sole power to make certain decisions while both parents retain
equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. A custody arrangement where
physical Physical custody is shared by the parents in a way
that assures the child frequent and substantial contact with
each parent. Joint physical custody does not necessarily mean
physical custody of equal durations of time.
(4) SOLE LEGAL CUSTODY. A status of custody where one
One parent has sole rights and responsibilities to make major
decisions concerning the child, including, but not limited to,
the education of the child, health care, and religious
training.
(5) SOLE PHYSICAL CUSTODY. A status of custody where
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(5) SOLE PHYSICAL CUSTODY. A status of custody where
one One parent has sole physical custody and the other parent
has rights of visitation except as otherwise provided by the
court."
"§30-3-152
(a) Except as provided in Section 30-3-131, there shall
be a presumption, rebuttable by a preponderance of evidence,
that joint custody is in the best interest of the child. The
court shall in every case consider joint custody but may award
any form of custody which is determined to be in the best
interest of the child. In determining whether joint custody is
in the best interest of the child, the court shall consider
the same factors considered in awarding sole legal and
physical custody any other custody arrangement and all of the
following factors:
(1) The agreement or lack of agreement of the parents
on joint custody.
(2) The past and present ability of the parents to
cooperate with each other and make decisions jointly.
(3) The ability of the parents to encourage the sharing
of love, affection, and contact between the child and the
other parent.
(4) Any history of or potential for child abuse, spouse
abuse, or kidnapping.
(5) The geographic proximity of the parents to each
other as this relates to the practical considerations of joint
physical custody.
(b) The court may order a form of joint custody without
the consent of both parents, when it is in the best interest
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the consent of both parents, when it is in the best interest
of the child.
(c) If both parents request joint custody, the
presumption is that joint custody is in the best interest of
the child. Joint custody shall be granted in the final order
of the court unless the court makes specific findings as to
why joint custody is not granted."
"§30-3-153
(a) If the presumption of joint custody is not
rebutted, in In order to implement joint custody, the court
shall require the parents to submit, as part of their
agreement, provisions covering matters relevant to the care
and custody of the child, including, but not limited to, all
of the following:
(1) The care and education of the child.
(2) The medical and dental care of the child.
(3) Holidays and vacations.
(4) Child support.
(5) Other necessary factors that affect the physical or
emotional health and well-being of the child.
(6) Designating the parent possessing primary authority
and responsibility regarding involvement of the minor child in
academic, religious, civic, cultural, athletic, and other
activities, and in medical and dental care if the parents are
unable to agree on these decisions. The exercise of this
primary authority is not intended to negate the responsibility
of the parties to notify and communicate with each other as
provided in this article.
(b) If the parties are unable to reach an agreement as
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(b) If the parties are unable to reach an agreement as
to the provisions in subsection (a), the court shall set the
plan."
Section 2. This act shall become effective on October
1, 2025.
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