HB19 Alabama 2026 Session

Updated Jan 16, 2026

Summary

Primary Sponsor: Patrick Sellers
Democrat
Session: 2026 Regular Session
Title: Child custody; rebuttable presumption of joint physical custody and substantial parenting time created, final order of the court further provided for
Summary: HB19 would create a rebuttable presumption that joint custody and substantial, frequent parenting time with both parents are in the child’s best interest, require detailed final orders, and remove the requirement to submit a parenting plan agreement.
What This Bill Does
The bill creates a rebuttable presumption that joint legal custody and frequent, substantial parenting time with both parents are in the child’s best interest, with an exception for domestic or family violence. If the court does not grant joint custody or substantial parenting time, it must make specific findings explaining why the presumption was overcome. Final court orders must address key elements such as holidays, communication, and child-related costs and records. It also removes the requirement that parents submit a mutually agreed parenting plan, and sets October 1, 2026 as the effective date.

Who It Affects
Parents seeking or involved in child custody decisions (both mothers and fathers): face a new presumption favoring joint custody and more detailed final-order requirements.
Children and families: would have more structured final orders aimed at frequent contact with both parents and clearer arrangements for holidays, records access, and related matters.

Key Provisions
Creates a rebuttable presumption of joint legal custody and frequent, continuing contact and substantial parenting time with both parents, with exceptions for domestic or family violence.
Requires the court to make specific findings if it does not grant joint custody or substantial parenting time, showing the presumption was overcome.
Final orders must address holidays and vacations, communication between parents, access to medical and educational records, school activities, doctor appointments, and child support/health insurance.
Removes the requirement that parents submit an agreed-upon parenting plan detailing care and custody decisions; the court can set the plan if the parents cannot agree.
Provides custody definitions (joint legal custody, joint physical custody, sole custody, etc.) and clarifies that joint custody does not necessarily mean equal time.
Allows joint custody orders to be issued without both parents’ consent if it is in the child's best interest; if a joint physical custody order lacks a designated primary custodian, the court must designate the residence that contains the child’s school zone.
Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Family Law