Bill > HB147

This bill, known as the Best Interest of the Child Protection Act of 2026, aims to establish a rebuttable presumption of joint custody in Alabama divorce cases, meaning courts will generally assume joint custody is best for children unless proven otherwise. It clarifies definitions for "joint legal custody" (shared decision-making on major issues like education and healthcare, with provisions for resolving disagreements) and "joint physical custody" (where children spend substantially equal time with both parents). The bill mandates that in divorce cases, parents must submit a "parenting plan" outlining how they will share responsibilities and time with their child, following a joint custody model unless specific exceptions apply, such as proven domestic abuse or if a parent can demonstrate with factual allegations that joint custody is not in the child's best interest. If a parent files a motion challenging joint custody without adequate factual basis or in bad faith, they may face penalties like paying the other parent's attorney fees and other sanctions. The bill also outlines consequences for parents who refuse to adhere to court-ordered time-sharing schedules, including making up missed time, paying court costs and attorney fees, and attending parenting courses, and emphasizes the equal enforcement of custody and support orders, while explicitly stating it does not limit domestic abuse provisions and will not be considered a material change in circumstances for modifying existing orders before January 1, 2027.

Justice

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