HB63INTRODUCED
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HB63
C2A6JJW-1
By Representative Sellers
RFD: Judiciary
First Read: 04-Feb-25
PFD: 07-Nov-24
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6 C2A6JJW-1 11/01/2024 GP (L)lg 2024-2717
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PFD: 07-Nov-24
SYNOPSIS:
Under existing law, following the birth of a
child to an unmarried woman in the hospital, the
alleged father may execute a voluntary acknowledgment
of paternity with consent of the mother. An
acknowledgment of paternity constitutes a legal finding
of paternity and confers all rights and duties of a
parent on the acknowledged father.
This bill would provide that, in any proceeding
relating to child custody, visitation, rights, or child
support, a valid voluntary acknowledgment of paternity
creates certain rebuttable presumptions in favor of
joint custody and shared parenting time.
This bill would create a rebuttable presumption
in those proceedings that a parent may not remove the
child from the state without the permission of the
other parent or the court.
This bill would also provide exceptions in cases
of domestic or family violence.
A BILL
TO BE ENTITLED
AN ACT
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Relating to child custody; to amend Section 26-17-305,
Code of Alabama 1975; to create certain rebuttable
presumptions relating to the best interest of a child in
proceedings where a valid acknowledgment of paternity exists;
and to provide exceptions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
The Good Dad Act.
Section 2. Section 26-17-305, Code of Alabama 1975, is
amended to read as follows:
"ยง26-17-305
(a) Except as otherwise provided in Sections 26-17-307
and 26-17-308, a valid acknowledgment of paternity filed with
the Alabama Office of Vital Statistics shall be considered is
a legal finding of paternity of a child and confers upon the
acknowledged father all of the rights and duties of a parent.
(b) An acknowledgment of paternity shall be is a
legally sufficient basis for establishing an obligation for
child support and for the expenses of the mother's pregnancy
and confinement.
(c)(1) Except as provided in Section 30-3-131, in any
proceeding related to child custody, visitation rights, or
child support, an acknowledgment of paternity creates a
presumption, rebuttable by a preponderance of evidence, that
each of the following are in the best interest of the child:
a. Joint custody.
b. That if a parent lives within 40 miles of his or her
child, both parents are entitled to equal rights and
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child, both parents are entitled to equal rights and
responsibilities for major decisions concerning the child and
equally shared joint physical custody.
c. That neither parent may remove the child from the
state of residence without consent of the other parent or
permission from the court.
(2) In determining whether the presumptions provided in
subdivision (1) are in the best interest of the child, the
court shall consider the same factors considered in awarding
any other custody arrangement and the factors provided in
Section 30-3-152.
(3) For the purposes of this subsection, the term
"parent" refers to an acknowledged father and a mother. "
Section 3. This act shall become effective on October
1, 2025.
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