SB226 Alabama 2022 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2022

Title

Child custody, prioritizing custody decisions, pre-placment investigations authorized in certain custody cases, Secs. 30-3-1, 30-3-152 am'd.

Summary

The bill changes Alabama's child custody rules to speed up decisions when parents disagree, require checking each parent's living situation before awarding sole custody, and allow a pre-placement investigation by the Department of Human Resources in certain cases.

What This Bill Does

If divorcing parents can't agree on custody, the court's decision is given priority and should be expedited as much as possible. When awarding sole legal custody, the court must consider each parent's home and living situation. If that information isn't enough to decide, the court may order the Department of Human Resources to conduct a pre-placement investigation and use the findings to determine the best custody arrangement. The bill also outlines how joint custody can be handled, including when sole custody may be granted.

Who It Affects

• Divorcing parents, as custody decisions may be expedited, and they must present and be evaluated on each parent's living situation.
• Children, who may experience custody decisions influenced by each parent's living conditions and any investigation results.
• Department of Human Resources, which may be ordered to conduct pre-placement investigations on each parent.
• Courts, which must prioritize custody determinations, consider home environments, and determine whether to use pre-placement investigations.

Key Provisions

• If divorcing parents cannot agree on custody, the custody determination takes priority over other cases and should be expedited.
• When awarding sole physical custody, the court must consider the home and living situation of each parent.
• If information on home and living conditions is insufficient, the court may order the Department of Human Resources to conduct a pre-placement investigation of each parent, and may grant sole custody based on the investigation results if it is in the child's best interest.
• The bill preserves joint custody options: the court may grant joint custody without both parents' consent if in the child's best interest, and if both request joint custody, it is presumptively in the child's best interest unless the court finds otherwise.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Child Custody