HB488 Alabama 2011 Session

Summary

Primary Sponsor

Steve McMillan

Republican

Session

Regular Session 2011

Title

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

Summary

HB488 lets a child age 16 or older choose which parent they live with in custody cases, creating a presumption that the choice is in the child’s best interests unless proven otherwise.

What This Bill Does

In divorce or custody petitions, a child who is 16 or older may designate the parent they want to live with. That designation creates a presumption that the choice is in the child’s best interests. The presumption can be overcome by clear and convincing evidence from the other party showing that the child’s best interests would not be served by awarding custody to the designated parent. The act repeals laws that conflict with this change and becomes effective after governor approval.

Who It Affects

• Children aged 16 and older: may designate the custodial parent and have that choice presumed to be in their best interests.
• Parents and the court: custody decisions will start from the child’s designation and can be overridden only with clear and convincing evidence, changing how custody cases are decided.

Key Provisions

• Section 1: A child 16 or older may designate the parent they wish to live with; the child’s designation creates a presumption that this choice is in the child’s best interests, which can be overcome by clear and convincing evidence that it would not be.
• Section 2: Repeals all laws or parts of laws that conflict with this act.
• Section 3: Becomes effective on the first day of the third month after governor's approval.

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

Subjects

Family Law