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HB19 INTRODUCED
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HB19
JPCSMYN-1
By Representative Sellers
RFD: Judiciary
First Read: 13-Jan-26
PFD: 25-Jun-25
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JPCSMYN-1 05/23/2025 GP (L) lg 2025-1985
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PFD: 25-Jun-25
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: (i) joint legal custody; and (ii) frequent and
continuing contact and substantial parenting time with
both parents are in the best interest of the child,
except in cases of domestic or family violence.
If the court does not grant joint legal custody
and substantial parenting time, this bill would require
the court to make specific findings supporting the
determination that the presumptions were overcome.
This bill would specify information that must be
addressed in the final order of the court, such as
division of holidays, communication, and child support.
This bill would also remove a provision
requiring parents to submit an agreement detailing
certain matters relevant to the care and custody of the
child.
A BILL
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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, Code of Alabama 1975; to
create a rebuttable presumption of joint legal custody and
substantial parenting time for both parents, with exceptions;
to further provide for certain matters related to child
custody which must be addressed in the final order of the
court; and to remove a requirement that parents submit an
agreed upon parenting plan.
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 and
substantial parenting time 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 parenting and 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
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(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 of 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.
(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 of the child .
(5) SOLE PHYSICAL CUSTODY or PRIMARY PHYSICAL CUSTODY .
A status of custody where one One parent has sole physical
custody and the other parent has rights of visitation
parenting time with the child, except as otherwise provided by
the court."
"§30-3-152
(a) Except as provided in Section 30-3-131, in any
award of custody under the custodial designations in Section
30-3-151, there shall be a presumption, rebuttable by a
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30-3-151, there shall be a presumption, rebuttable by a
preponderance of the evidence, that: (i) joint legal custody
is in the best interest of the child; and (ii) the child shall
have frequent and continuing contact and substantial parenting
time with both parents. If the presumptions are not rebutted,
the court shall award joint legal custody, frequent and
continuing contact of the child with both parents, and
substantial parenting time with both parents. 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.
(b) In determining deciding whether to award joint
legal custody or 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.
(6) The emotional bond the child has with either or
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(6) The emotional bond the child has with either or
both of his or her parents.
(c)(b) 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) In any joint physical custody order that does
not designate a primary physical custodian, the court shall
designate the parent's residence which contains the school
zone of the child.
(e) If both parents request joint custody, the
presumption is that joint custody is in the best interest of
the child. Joint joint legal custody , frequent and continuing
contact, or substantial parenting time is not shall be granted
in the final order of the court court's final order, the court
shall make unless the court makes specific findings as to why
joint custody is not granted supporting its determination that
the presumption or presumptions of subsection (a) were
overcome ."
"§30-3-153
In the final order of the court, the court shall
address all of the following matters:
(1) Parenting time for each parent during the school
year, the summer, holidays, birthdays of the child, birthdays
of the parents, Father's Day, and Mother's Day.
(2) Telephone communication between the parents and the
child.
(3) The access of both parents to medical records and
educational records of the child.
(4) The access of both parents to school activities and
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(4) The access of both parents to school activities and
extracurricular activities of the child.
(5) Communication between the parents about the child's
doctor appointments and other medical appointments.
(6) Child support and the maintenance of health
insurance for the child. (a) 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
to the provisions in subsection (a), the court shall set the
plan."
Section 2. This act shall become effective on October
1, 2026.
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