SB261 • 2026

Child custody; modification of order authorized if material change of circumstances and modification is in best interest of the child, factors provided

Children

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Orr
Last action: 2026-03-05
Official status: Pending Committee Action in Second House
Effective date: Not listed

Plain English Breakdown

The candidate explanation includes details about preponderance of evidence which are not explicitly mentioned in the official bill text. The term 'preponderance of evidence' is used but its definition and application were not specified in the given context.

Child Custody Changes

This law changes how courts can modify existing child custody orders, requiring a significant change in circumstances and proof that the modification is best for the child.

What This Bill Does

Changes when a court can modify an existing child custody order.
Requires a material change of circumstances before modifying a custody order.
Needs evidence showing the modification is in the child's best interest.
Lists factors courts must consider, like each parent’s ability to meet the child’s needs and stability of home environments.

Who It Names or Affects

Courts that handle child custody cases
Parents involved in custody disputes

Terms To Know

Material change of circumstances: A significant event or situation that affects the child's well-being and justifies changing a custody order.
Preponderance of evidence: The amount of proof needed to show something is more likely true than not true in court.

Limits and Unknowns

Does not specify what happens if the effective date has passed and there are no further actions.
Does not provide details on how courts will enforce compliance with custody orders.
The law does not change existing rights or obligations of parents unless a court modifies an order.

Bill History

2026-03-05 Senate
Motion to Read a Third Time and Pass - Adopted Roll Call 725 (Yeas 30, Nays 0)
2026-03-05 Senate
Third Reading in House of Origin (Yeas 30, Nays 0)
2026-03-05 House
Pending Committee Action in Second House
2026-03-05 House
Read for the first time and referred to the House Committee on Judiciary
2026-03-03 Senate
Read for the Second Time and placed on the Calendar
2026-03-03 Senate
Reported Out of Committee House of Origin
2026-02-05 Senate
Pending Committee Action in House of Origin
2026-02-05 Senate
Read for the first time and referred to the Senate Committee on Judiciary

Official Summary Text

Child custody; modification of order authorized if material change of circumstances and modification is in best interest of the child, factors provided

Current Bill Text

Read the full stored bill text

SB261 INTRODUCED
Page 0
SB261
JPEKPFY-1
By Senator Orr
RFD: Judiciary
First Read: 05-Feb-26
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JPEKPFY-1 02/04/2026 GP (L)lg 2025-2437
Page 1
First Read: 05-Feb-26
SYNOPSIS:
Existing common law provides the standards that
a petitioner must satisfy in order for a court to
modify a prior custody determination.
This bill would replace those existing common
law standards and provide a new standard for
determining if the modification of any existing custody
order is warranted by requiring a material change of
circumstances and a showing by a preponderance of the
evidence that the modification is in the best interest
of the child.
This bill would also provide factors that a
court must consider when determining whether the
modification is in the best interest of the child.
A BILL
TO BE ENTITLED
AN ACT
Relating to child custody; to authorize the court to
modify a prior custody determination if a material change in
circumstances has occurred and the modification is in the best
interest of the child; and to provide factors for determining
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SB261 INTRODUCED
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interest of the child; and to provide factors for determining
the best interest of the child.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
Hudnell's Law.
Section 2. (a) In any action to modify a prior judgment
awarding custody, the court may grant the modification only if
there has been a material change of circumstances since that
judgment was entered and the court finds by a preponderance of
the evidence that the modification is in the best interest of
the child. In determining whether the modification is in the
best interest of the child, the court shall consider all
relevant factors including, but not limited to, the following:
(1) The emotional, mental, physical, and developmental
needs of the child.
(2) The ability of each parent to meet the needs
described in subdivision (1).
(3) The child's relationship with each parent.
(4) The stability of the proposed home environments.
(5) The child's adjustment to home, school, and the
community.
(6) Evidence of parental alienation, domestic or family
violence, or substance abuse.
(7) The child's preference, if the court deems the
child to be of sufficient age and maturity.
(8) The willingness and ability of each parent to
facilitate and encourage a close and continuing relationship
between the child and the other parent.
(9) Each parent's capacity to provide continuity in the
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SB261 INTRODUCED
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(9) Each parent's capacity to provide continuity in the
child's education and medical care.
(10) Each parent's history of compliance with court
orders and facilitation of the child's welfare.
(b) This section shall apply to any prior judgment
awarding custody, including, but not limited to, a judgment
awarding sole, primary, or joint custody.
(c) Nothing in this section may be construed to
authorize or require a heightened burden of standard that
requires parents seeking custody modification to prove that
the benefits of the modification outweigh the disruption of
the child's environment.
Section 3. This act shall become effective on October
1, 2026.
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