HB266 Alabama 2010 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

Mike CurtisBarry MaskElaine Beech

Session

Regular Session 2010

Title

Child custody or visitation, motion to stay proceeding pending adjudication of criminal charge involving parent, court to consider best interest of child

Summary

HB266 sets rules for staying custody or visitation hearings while a parent faces a criminal charge, including a guardian ad litem for the child, a presumption to proceed, and specific best-interest factors.

What This Bill Does

If a parent requests a stay in a custody or visitation case due to a criminal charge, the court must appoint a guardian ad litem to represent the child and apply a rebuttable presumption that it is in the child's best interest to proceed with the custody or visitation matter, using defined factors. It also states that an acquittal on the criminal charge may be treated as a change in circumstances for modifying the custody or visitation order, and the act becomes effective on the first day of the third month after passage.

Who It Affects

• Parents charged with a crime: their request to stay custody or visitation proceedings would be handled with a guardian ad litem and a presumption to proceed, guided by best-interest factors.
• Children in custody or visitation cases: they would be represented by a guardian ad litem in the stay hearing, and the court would decide based on factors aimed at protecting their welfare.

Key Provisions

• Requires the court to appoint a guardian ad litem to represent the child in the stay hearing, and creates a rebuttable presumption that the child’s best interest is to proceed with the custody or visitation matter, to be evaluated using specified factors.
• Provides that an acquittal after a stay request may constitute a change in circumstances for purposes of modification, and sets the act to take effect on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Child Custody