HB63 Alabama 2025 Session

Summary

Primary Sponsor

Patrick SellersRepresentative

Democrat

Session

2025 Regular Session

Title

Acknowledgement of paternity; certain rebuttable presumptions relating to the best interest of a child, created

Summary

HB63 would create rebuttable presumptions favoring joint custody and shared parenting time when there is a valid acknowledgment of paternity, and restrict removing a child from Alabama without the other parent’s or a court’s permission, with safety exceptions.

What This Bill Does

It amends 26-17-305 to treat a voluntary acknowledgment of paternity as a legal finding that confers parental rights and duties. It adds rebuttable presumptions that joint custody and shared parenting time are in the child’s best interest in custody, visitation, or support cases when there is a valid acknowledgment of paternity, and that neither parent may remove the child from the state without the other parent’s consent or court order. The court must consider the same factors used for other custody decisions and those in Section 30-3-152 when applying these presumptions. The act takes effect on October 1, 2025.

Who It Affects

• Parents involved in custody, visitation, or child support proceedings who have a valid acknowledgment of paternity (including the acknowledged father and the mother): the bill creates presumptions of joint custody and shared parenting time and restricts out-of-state removal of the child.
• Domestic violence victims and safety-focused considerations: exceptions are provided to the removal and custody presumptions to protect safety in cases of domestic or family violence.

Key Provisions

• A valid acknowledgment of paternity filed with the Alabama Office of Vital Statistics is a legal finding of paternity and confers all rights and duties of a parent on the acknowledged father.
• An acknowledgment of paternity creates a presumption that joint custody and equal, shared parenting time are in the child’s best interest, including a presumption of equal rights and responsibilities for major decisions if a parent lives within 40 miles of the child.
• Neither parent may remove the child from the state without the other parent’s consent or court permission, with exceptions for domestic or family violence.
• In determining whether these presumptions are in the child’s best interest, the court will consider the same factors used for other custody arrangements and the factors in Section 30-3-152.
• For purposes of this subsection, 'parent' includes both the acknowledged father and the mother.
• The act becomes effective on October 1, 2025.

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

Subjects

Family Law