HB612 Alabama 2010 Session

Summary

Primary Sponsor

Steve McMillan

Republican

Co-Sponsor

Charles O. Newton

Session

Regular Session 2010

Title

Child custody, child who is certain age may choose custodial parent, exceptions, presumption that child may designate custodial parent

Summary

A child 16 or older may designate which parent they want to live with in a custody case, and that choice is presumed to be in the child's best interest unless proven otherwise.

What This Bill Does

If the bill passes, a child aged 16 or older involved in a divorce or custody petition can tell the court which parent they want to live with. This designation creates a legal presumption that the chosen parent is in the child’s best interest. The other parent can overcome this presumption with clear and convincing evidence showing that awarding custody to the designated parent would not be in the child’s best interests. The bill also repeals laws that conflict with these provisions and specifies when these changes take effect.

Who It Affects

• Children age 16 or older in divorce or custody proceedings, who can designate a preferred custodial parent and are subject to a presumption about that choice.
• Parents and guardians involved in custody disputes, who may have to contest or accept the child’s designation and may need to present clear and convincing evidence to override the designation.

Key Provisions

• A child 16 or older may designate the parent with whom they wish to live during a divorce or a petition by the noncustodial parent.
• The child’s designation creates a presumption that the choice is in the child’s best interests.
• The presumption can be overcome only with clear and convincing evidence from the other party that the best interests would not be served by awarding custody to the designated parent.
• All laws that conflict with this act are repealed.
• The act becomes effective on the first day of the third month after its passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law