Bill > HB229

This bill, known as the Best Interest of the Child Protection Act of 2025, introduces significant changes to Alabama's child custody laws by establishing a rebuttable presumption in favor of joint custody. The legislation defines joint custody as both joint legal custody (where parents share equal rights and responsibilities for major decisions about the child) and joint physical custody (where the child has equal or nearly equal time with both parents). Under the new law, courts are required to presume that joint custody is in the best interest of the child, and can only deviate from this presumption by providing specific written findings explaining why joint custody would not be appropriate. The bill outlines detailed factors for courts to consider when determining custody, including parents' ability to cooperate, potential for abuse, geographic proximity, and the child's relationship with each parent. Additionally, the legislation introduces provisions for enforcing parenting plans, including potential remedies such as awarding makeup time-sharing, requiring parents to attend parenting courses, and imposing financial penalties for non-compliance. The bill aims to maximize children's contact with both parents and encourages a more collaborative approach to post-divorce parenting, while still maintaining safeguards to protect children's welfare. The new law will take effect on January 1, 2026, and does not apply retroactively to existing custody orders.

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