HB524 Alabama 2023 Session

Summary

Primary Sponsor

Kenneth PaschalRepresentative

Republican

Session

Regular Session 2023

Title

Relating to child custody; to amend Sections 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, and 30-3-157 of the Code of Alabama 1975, and to add Section 30-3-158 to the Code of Alabama 1975, relating to child custody; to remove existing code language that provides for custody of a child to be granted to a husband in cases of abandonment by the wife only after the child reaches seven years of age; to provide further for the policy of this state regarding child custody; to provide further for definitions; to provide that there is a rebuttable presumption that joint custody is in the best interest of the child, which can be overcome only by evidence; to establish factors for a court to consider when determining any custody arrangement other than joint custody; to require a parenting plan and to authorize the court to establish a parenting plan in certain situations; to specify remedies when a party fails to adhere to certain provisions in a parenting plan; to set requirements for the modification of physical custody in certain circumstances; to allow a parent to file a petition for temporary relief if he or she believes joint custody is not in the best interest of the child; to provide certain remedies if an unsupported or bad faith petition for temporary relief is filed; and to provide that nothing in this act shall be construed to limit domestic or family abuse provisions of the law.

Summary

HB524 would overhaul Alabama child custody law by creating a strong presumption of joint custody, defining time with parents as equal or near-equal, and requiring formal parenting plans in all custody cases.

What This Bill Does

The bill redefines custody rules to favor joint custody as the default, requires parenting plans in every case, and lets courts establish plans if the parties cannot agree. It defines 'frequent and substantial contact' as equal or approximately equal time with both parents and requires written findings if the court deviates from joint custody. It provides for temporary relief petitions if one parent believes joint custody is not in the child's best interest, and it expands remedies for noncompliance with time-sharing, including makeup time, cost and attorney fee reimbursements, and court-ordered courses. It also clarifies modification standards for physical custody and keeps existing domestic abuse protections intact.

Who It Affects

• Parents and guardians involved in child custody cases (divorced or separated): they would face a strong presumption of joint custody, must submit a parenting plan in all cases, and may need to follow time-sharing schedules with remedies if they fail to comply.
• Courts and the legal system: they would document reasons for deviating from joint custody, expedite temporary-relief motions, enforce makeup time-sharing and related costs, and apply the new custody definitions and factors.

Key Provisions

• Defines frequent and substantial contact as equal or approximately equal time with both parents.
• Creates a rebuttable presumption that joint custody is in the child's best interest, requiring written findings if not followed.
• Requires a parenting plan in all custody cases and allows the court to establish the plan if parents cannot agree; a joint custody model is used in contested divorces.
• Allows a parent to file a petition for temporary relief (pendente lite) if joint custody is not in the child's best interest, with expedited consideration and penalties for bad-faith or unsupported filings.
• Sets remedies when a parent does not adhere to the time-sharing schedule, including makeup time, reimbursement of costs and attorney fees, and possible court-ordered courses.
• Adds specific modifications for physical custody and preserves domestic abuse protections within custody law.
• Adds Section 30-3-158 to authorize makeup time-sharing, cost reimbursements, and other remedies for noncompliance.
• Requires the court to document reasons for deviating from joint custody and to consider enumerated factors when determining other custody arrangements.
• Courts must equally enforce all child custody and child support orders.
• Defines and aligns custody terminology (joint/legal, joint/physical, nonresidential parent, primary/restricted/single custody) to reflect case-law terminology.

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