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HB147 INTRODUCED
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HB147
XD9DLZ7-1
By Representative Paschal
RFD: Judiciary
First Read: 13-Jan-26
PFD: 12-Jan-26
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XD9DLZ7-1 07/29/2025 GP (L)lg 2025-2142
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PFD: 12-Jan-26
SYNOPSIS:
Existing law specifies that it is the policy of
this state that parents who are divorced or separated
have frequent and continuing contact with their
children. Existing law also specifies that joint
custody does not necessarily mean equal physical
custody.
Existing law defines "joint physical custody" as
frequent and substantial contact with each parent but
does not define what frequent and substantial contact
means.
This bill would define frequent and substantial
contact to mean that the child has equal or
approximately equal time with both parents and would
revise existing definitions regarding custody to be
consistent with terminology used in case law.
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 abuse, and
establish uniform guidelines for a court to consider
when determining any custody arrangement other than
joint custody.
Existing law does not require a court to
document that the court considered and rejected joint
custody and the reasons for the rejection.
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custody and the reasons for the rejection.
This bill would require a court to document its
reasons for deviating from the presumption that joint
custody is in the best interest of the child.
Existing law requires the parties in a child
custody matter to submit a parenting plan only in cases
where the parties request joint custody.
This bill would require the parties to submit a
parenting plan that follows a joint custody model.
In cases where the court has determined that
domestic or family abuse occurred, this bill would
authorize the court to: (i) allow for parenting plans
to be submitted which do not reflect joint custody;
(ii) suspend the requirement that the perpetrator of
domestic or family abuse submit a parenting plan; or
(iii) set the plan.
This bill would provide that, if a parent
believes joint custody is not in the best interest of
his or her child whose custody is at issue, he or she
may file a motion for temporary relief, which the court
must expedite.
This bill would provide certain penalties if a
motion for temporary relief is filed in bad faith or
without factual support.
This bill would authorize the court to establish
a parenting plan when the parties are unable to agree
upon the plan.
This bill would specify additional remedies to a
party when a parent, without proper cause, fails to
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party when a parent, without proper cause, fails to
adhere to the time-sharing schedule in a parenting
plan, including makeup parenting time and reimbursement
for costs and attorney fees.
This bill would also specify that this act does
not limit domestic or family abuse laws.
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 of the Code of Alabama 1975,
and to add Sections 30-3-158 and 30-3-159 to the Code of
Alabama 1975, relating to child custody; to provide further
for the policy of this state regarding child custody; to
provide further for definitions; to provide that there is a
rebuttable presumption that joint custody is in the best
interest of the child, which can be overcome only by evidence;
to provide an exception in cases of domestic or family abuse;
to establish factors for a court to consider when determining
any custody arrangement other than joint custody; to require a
parenting plan and to authorize the court to establish a
parenting plan in certain situations; to specify remedies when
a party fails to adhere to certain provisions in a parenting
plan; to allow a parent to file a petition for temporary
relief if he or she believes joint custody is not in the best
interest of the child; to provide certain remedies if an
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interest of the child; to provide certain remedies if an
unsupported or bad faith petition for temporary relief is
filed; and to provide that nothing in this act shall be
construed to limit domestic or family abuse provisions of the
law.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Best Interest of the Child Protection Act of 2026.
Section 2. 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
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 raising their children
after the parents have separated or dissolved their marriage.
Joint custody does not necessarily mean equal physical
custody It is the intent of the Legislature that this chapter
be implemented in a manner that recognizes the importance of
family and the fundamental rights of parents and children. The
social science research indicates it is in the best interest
of children to have consistent and maximized contact with
parents. In custody hearings, courts are encouraged to keep
this in mind when determining the best interest of the child ."
"§30-3-151
For the purposes of this article the following words
shall have the following meanings:
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shall have the following meanings:
(1) JOINT CUSTODY. Joint legal custody and joint
physical custody.
(2) JOINT LEGAL CUSTODY. Both A custody arrangement
where 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 , and the responsibility to discuss those
decisions and consider the wishes and concerns of each parent
and the child . 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 final
decision-making authority to make certain major decisions;
provided, however, that designation does not negate the
responsibility of that parent to discuss those decisions with
the other parent and to consider the other parent's wishes and
concerns. In the event of an impasse and in the absence of an
express award of final decision-making authority, the primary
physical custodian shall have final decision-making authority
for those decisions .
(3) JOINT PHYSICAL CUSTODY. Physical A custody
arrangement where 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 For purposes
of this subdivision, "frequent and substantial contact" means
that the child has equal or approximately equal time with both
parents.
(4) NONRESIDENTIAL CUSTODIAL PARENT. The parent with
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(4) NONRESIDENTIAL CUSTODIAL PARENT. The parent with
whom the child does not live the majority of the time and who
does not have the primary authority and responsibility for the
day-to-day care and decisions relating to the raising of a
child or the authority to establish where a child will live,
but who does have the authority and responsibility for the
day-to-day care and decisions related to the raising of a
child when the child is in his or her physical custody and not
in the physical custody of the parent with primary physical
custody as outlined in the parenting plan.
(5) PARENTING PLAN. A plan specifying the time that a
minor child will spend with each parent and which may include
provisions for progressive periods of time-sharing within the
court ordered time-sharing schedules based on the increasing
age and developmental considerations of the child, the need of
the child to be reunited with a parent, or any other
consideration pertaining to the child's best interest. The
inclusion of a progressive provision in a parenting plan or a
custody order does not alter the type of physical custody
ordered by the court or the burden of proof required to modify
custody.
(6) PRIMARY PHYSICAL CUSTODY. A status of custody
making one parent the predominant physical custodian of the
child and granting the other parent the status of the
nonresidential custodial parent, unless the judge specifically
grants the other parent the status of restricted physical
custody. The parent with primary physical custody has the
primary authority and responsibility for the day-to-day care
and decisions related to the raising of the child and to
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and decisions related to the raising of the child and to
establish where the child will live.
(7) RESTRICTED PHYSICAL CUSTODY. A status of custody
where a parent's physical access to a child is limited to
supervised custody, no overnight custody, a suspension of
physical contact, or any other restrictions on custody
determined by the court to be in the best interest of the
child.
(4)(8) SOLE LEGAL CUSTODY. One A status of custody
where 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 , and the civil, cultural, and athletic
activities of the child .
(5) SOLE PHYSICAL CUSTODY. 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) The court shall in every case consider joint
custody but may award any form of custody which is determined
to be Except as provided in Article 6 of this chapter, there
shall be a rebuttable presumption that joint custody is in the
best interest of the child. This rebuttable presumption may be
overcome by a preponderance of the evidence, set forth in
written findings of fact, that joint custody is not in the
best interest of the child. In the event the presumption is
rebutted, the court shall enter an order that includes all of
the following:
(1) The court's reason for deviating from the joint
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(1) The court's reason for deviating from the joint
custody arrangement.
(2) The facts and findings concerning the basis for the
court's determination.
(3) A parenting plan that maximizes the time each
parent has with the child and is consistent with ensuring the
welfare of the child.
(b) 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 any
other form of custody arrangement and all of the following
factors , but may weigh various factors differently based on
the factors presented and the best interest of the child :
(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)(c) The court may order a form of joint custody
without the consent of both parents, when it is in the best
interest of the child.
(c)(d) If both parents request joint custody, the there
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(c)(d) If both parents request joint custody, the there
is a presumption is that joint custody is in the best interest
of the child. Joint custody , when requested by both parents,
shall be granted in the final order of the court unless the
court makes specific findings as to why joint custody is not
granted.
(e) If joint custody is not awarded by the court, all
of the following factors shall be considered by the court when
determining which other custody arrangement is in the best
interest of the child. The court may weigh the following
factors differently based on the facts presented and the best
interest of the child:
(1) The preferences of the parents.
(2) The moral, mental, and physical fitness of each
parent.
(3) The capacity of each parent to engage in a loving
relationship with the child and to provide for the needs of
the child, including the child's emotional, social, moral,
material, and educational needs.
(4) The history of cooperation between the parents,
including the past and present history and the capacity of
each parent to facilitate or encourage a continuing
parent-child relationship with both parents.
(5) Each parent's home environment.
(6) Each parent's criminal history or evidence of
violence, or sexual, mental, or physical abuse.
(7) Evidence of substance abuse by either parent.
(8) The child's age and any special needs.
(9) Characteristics of each individual seeking custody,
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(9) Characteristics of each individual seeking custody,
including age, character, stability, and mental and physical
health.
(10) The report and recommendation of any expert
witnesses or other independent investigator.
(11) Military considerations in accordance with state
and federal law.
(12) The child's current adjustment to or involvement
with his or her community.
(13) The relationship between each parent and the
child.
(14) The preference of the child if the child is of
sufficient age and maturity.
(15) The relationship between the child and the child's
peers, siblings, or other relatives.
(16) Each parent's knowledge and familiarity with the
child and level of involvement in the child's life both prior
to and after the separation of the parents.
(17) The effect on the child of disrupting or
continuing an existing custodial status.
(18) Any history or evidence of parental alienation.
For the purpose of this subdivision, parental alienation
occurs in a child as the result of intentional and purposeful
behavior by one parent to undermine and sever the child's
relationship with the other parent.
(19) Any other relevant factors. "
"§30-3-153
(a) In order to implement joint custody, the The court
shall require the parents to submit, as part of their
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shall require the parents to submit, as part of their
agreement, each parent, separately or together, to submit a
parenting plan with 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. The ways in
which the parents will share tasks and responsibilities for
the daily upbringing of the child.
(2) The medical and dental care of the child. The amount
of time the child will spend with each parent.
(3) Holidays and vacations. A designation of which
parent is responsible for the health care of the child and
school-related matters, including the address to be used to
establish residence for school and other activities.
(4) Child support. Transportation arrangements for the
child, including which parent bears the costs of transporting
the child.
(5) Other necessary factors that affect the physical or
emotional health and well-being of the child.
(6) The methods and technologies that the parents
intend to use to communicate with the child and each other.
(7) A designation of which parent possesses (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
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of the parties to notify and communicate with each other as
provided in this article.
(8) Child support and the division of any expenses in
addition to child support, as provided in Rule 32 of the
Alabama Rules of Judicial Administration.
(b)(1) If the parties are unable to reach an agreement
as to the provisions in subsection (a), the court shall set
the plan.
(2) In cases in which the court determines that
domestic or family abuse has occurred as provided in Article
6, the court may set the plan or suspend the requirement that
the perpetrator of domestic or family abuse must submit a
parenting plan.
(c) Any parenting plan submitted by the parents
pursuant to subsection (a) shall follow a joint custody model,
unless:
(1) Subsection (d) applies; or
(2) There is a determination by the court that domestic
or family abuse has occurred, as provided in subdivision
(b)(2).
(d) If a parent believes, based upon the facts and
circumstances of the case or any factors to be considered by
the court pursuant to Section 30-3-152, that joint custody is
not in the best interest of a child whose custody is being
determined, the parent shall file, in conjunction with the
parenting plan, a verified motion for temporary relief,
pendente lite. A verified motion for temporary relief,
pendente lite, filed pursuant to this subsection shall state
with specificity sufficient allegations of fact to justify
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with specificity sufficient allegations of fact to justify
relief. The court shall expeditiously consider all motions
filed pursuant to this subsection.
(e) If the court determines that a party filed a
verified motion for temporary relief, pendente lite, in the
absence of an adequate factual basis or in bad faith, the
court shall award reasonable attorney fees to the non-filing
party to be paid by the filing party. The court may also
impose other sanctions it deems reasonable, including, but not
limited to, providing that the unsupported or bad faith filing
may be considered as a negative factor during the custody
determination. "
Section 3. Sections 30-3-158 and 30-3-159 are added to
the Code of Alabama 1975, to read as follows:
§30-3-158
(a) When a parent refuses to adhere to the time-sharing
schedule in the parenting plan ordered by the court without
proper cause, the court may take any of the following actions:
(1) After calculating the amount of time-sharing
improperly denied by a parent, issue an order awarding the
parent who was denied time a sufficient amount of extra
time-sharing to compensate for the time-sharing missed. The
order shall be issued as expeditiously as possible in a manner
consistent with the best interest of the child and scheduled
in a manner that is convenient for the parent deprived of
time-sharing. In ordering any makeup time-sharing, the court
shall schedule the time-sharing: (i) in a manner that is
consistent with the best interest of the child or children;
(ii) which is convenient for the nonoffending parent; and
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(ii) which is convenient for the nonoffending parent; and
(iii) at the expense of the noncompliant parent. For the
purposes of this section, the term "noncompliant parent"
refers to the parent who did not provide time-sharing or did
not properly exercise time-sharing under the time-sharing
schedule.
(2) Order the noncompliant parent to pay reasonable
court costs and attorney fees incurred by the nonoffending
parent to enforce the time-sharing schedule.
(3) Order the noncompliant parent to attend a parenting
course approved by the court. The parenting course shall
educate the parent about the benefits of a child's
relationship with both parents.
(4) Order the noncompliant parent to pay the actual
costs incurred by the other parent because of the failure to
provide time-sharing or the failure to properly exercise
time-sharing as provided by the court order.
(5) Impose any other reasonable remedies as a result of
noncompliance.
(b) The actions described in subsection (a) are in
addition to existing remedies, including, but not limited to,
contempt.
§30-3-159
(a) A court of competent jurisdiction shall equally
enforce all child custody and child support orders.
(b) Nothing in this article shall be construed to limit
the domestic or family abuse provisions provided in Article 6
of Chapter 3, Title 30.
(c) The provisions of this act may not be construed to
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(c) The provisions of this act may not be construed to
constitute a material change of circumstances for purposes of
modifying an order in place before January 1, 2027.
Section 4. The provisions of this act are severable. If
any part of this act is declared invalid or unconstitutional,
that declaration shall not affect the part which remains.
Section 5. This act shall become effective on January
1, 2027.
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