SB159 Alabama 2013 Session

Summary

Primary Sponsor

Bryan Taylor

Republican

Co-Sponsors

Tom WhatleyBill Holtzclaw

Session

Regular Session 2013

Title

Child custody, military parents, modification of custody and visitation, final order prohibited during deployment

Summary

SB159 creates special custody and visitation rules for military families to protect deployed parents' rights and minimize disruption for children.

What This Bill Does

If a parent is deployed, the bill prevents final custody changes while they are unavailable and restores the pre-deployment order when they return, unless the change is clearly in the child’s best interests with the non-deployed parent bearing the burden of proof. It also allows the deployed parent to request that their visitation be delegated to someone else during deployment and authorizes expedited and electronic hearings for deployment-related family matters. Additionally, it provides temporary custody options and a transition plan to return to the previous arrangement after deployment, with a 90-day period after deployment ends where final orders cannot be changed unless the deployed parent agrees.

Who It Affects

• Deploying military parents and their children: protected custody/visitation arrangements during deployment, ability to delegate visitation, and access to expedited/electronic hearings.
• Nondeploying parents (and other caregivers): may bear the burden of proof to reinstate pre-deployment orders, and may be affected by temporary modifications and required cooperation to resolve deployment-related custody issues.

Key Provisions

• Final custody or modification orders cannot be entered while the custodial parent is unavailable due to military service.
• Absences due to military service may not be the sole basis to alter an existing custody order; the order in place before the absence must be reinstated after return unless the change is in the child’s best interests, with the non-absent parent bearing the burden of proof.
• The deploying service member may petition to delegate their visitation rights to a third person during deployment.
• Expedited and electronic hearings are permitted for deployment-related custody and visitation matters.
• A 90-day period after deployment ends prohibits final changes to custody unless the deploying parent agrees to the change.
• Temporary custody orders may be issued during deployment if the deployment would affect the parent's ability to exercise rights, with expedited hearings and a plan to transition back to the prior order after deployment.
• Temporary orders may delegate some parent-child contact to a family member or other person for the deployment duration, if in the child’s best interest.
• Initial deployment scenarios may trigger expedited hearings to establish temporary parental rights and contact to ensure access to the child.

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

Subjects

Child Custody