SB455 Alabama 2010 Session

Summary

Primary Sponsor

Zeb Little

Democrat

Session

Regular Session 2010

Title

Child custody, rebuttable presumption that change of principal residence not in best interest of child, application to initial determination of custody, Secs. 30-3-161, 30-3-169.7 am'd.

Description

Existing law provides that in a custody dispute there shall be a rebuttable presumption that a change in the principal residence of a child is not in the best interest of the child.

The Alabama Court of Civil Appeals has held that the rebuttable presumption is not applicable to an initial custody determination.

This bill would make the rebuttable presumption that a change of principal residence of a child is not in the best interest of the child applicable to both custody cases where there exists a prior court order and custody cases in which an initial determination of custody is being made by the court. This bill would further define change of principal residence.

Subjects

Child Custody