SB455 Alabama 2010 Session
Summary
- Primary Sponsor
Zeb LittleDemocrat- 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.
- Summary
SB455 would create a rebuttable presumption that relocating a child’s principal residence is not in the child’s best interest, applying it to both initial custody determinations and cases with prior custody orders, and would define what counts as a relocation.
What This Bill DoesIf passed, the bill applies the presumption to custody cases with a prior court order and to initial custody determinations. It defines what counts as a change of principal residence and what constitutes relocation (a 45-day or longer change, with temporary absences and escapes from domestic violence not counted). It also clarifies how to determine a child’s principal residence and requires courts to consider relocation-related factors during initial custody determinations. The presumption is rebuttable, meaning evidence can overcome it in a custody decision.
Who It Affects- Parents or other persons entitled to custody or visitation, who may face restrictions or added considerations when relocating with or arranging custody of a child.
- Courts and custody decision-makers, who must apply the new presumption and interpret the updated definitions when deciding custody or visitation.
Key ProvisionsAI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.- Provision 1: Establishes a rebuttable presumption that a change of a child’s principal residence is not in the child’s best interests, to apply to both initial custody determinations and custody cases with prior orders.
- Provision 2: Defines change of principal residence and relocation, including a relocation as a 45-day or longer change and excluding temporary absence or distance required to escape domestic violence; also explains how principal residence is determined (court designation, parental agreement, or the child’s actual living arrangement for a specified period).
- Provision 3: Amends Sections 30-3-161 and 30-3-169.7 to implement the new definitions and to require consideration of relocation factors in initial custody determinations.
- Provision 4: Establishes the effective date as the first day of the third month after the bill is passed.
- Subjects
- Child Custody
Bill Actions
Pending third reading on day 29 Favorable from Judiciary with 1 substitute
Judiciary first Substitute Offered
Read for the second time and placed on the calendar with 1 substitute and
Read for the first time and referred to the House of Representatives committee on Judiciary
Motion to Read a Third Time and Pass adopted Roll Call 875
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Bill Text
Votes
Documents
Source: Alabama Legislature