House Bill 147 Alabama 2026 Session

Summary

Primary Sponsor

Kenneth PaschalRepresentative

Republican

Session

2026 Regular Session

Title

Child custody; rebuttable presumption of joint custody provided, definitions relating to joint custody further provided for, joint custody model parenting plan required in certain divorce cases, penalties for certain unsupported motions provided

Summary

HB147 would make joint custody the default in Alabama child custody cases, define frequent and substantial contact as equal or near-equal time with both parents, require a joint custody parenting plan, and establish enforcement remedies and penalties while preserving abuse protections.

What This Bill Does

It defines frequent and substantial contact as equal or approximately equal time with both parents and updates custody terminology to align with case law. It creates a rebuttable presumption that joint custody is in the child's best interest, with an exception for domestic or family abuse, and requires a parenting plan based on a joint custody model. It requires courts to document reasons if they depart from joint custody, allows expedited temporary relief if a parent believes joint custody is not in the child's best interest, and imposes penalties for bad-faith or unsupported temporary-relief motions. It authorizes courts to establish a parenting plan when the parties cannot agree, sets remedies for not following time-sharing (makeup time, cost and attorney-fee reimbursement), and preserves existing domestic/family abuse protections.

Who It Affects

• Parents and guardians involved in custody disputes, who would face a default joint custody presumption, must prepare and follow a joint custody parenting plan and could face penalties for not adhering to time-sharing.
• Domestic or family abuse survivors and the abuse-protection framework, which the bill preserves and adapts by allowing deviations from joint custody when abuse is present and by outlining protective options within the parenting plan.

Key Provisions

• Defines frequent and substantial contact as equal or approximately equal time with both parents and aligns custody terminology with case law.
• Adds a rebuttable presumption that joint custody is in the child's best interest, with an exception for domestic or family abuse.
• Requires a parenting plan that follows a joint custody model; in abuse cases, the court may adjust or suspend joint custody requirements.
• If a court deviates from joint custody, it must document its reasons and provide findings supporting the decision.
• Allows for expedited temporary relief if a parent believes joint custody is not in the child's best interest, with penalties for bad-faith or unsupported filings.
• Requires parenting plans to cover care, education, holidays, child support, transportation, communication, and decision-making; the court can establish a plan if the parties cannot agree.
• Imposes remedies for noncompliance with time-sharing, including makeup time, reimbursement of costs and attorney fees, and other appropriate sanctions.
• Enforces all custody and child support orders and preserves existing domestic abuse protections; the act becomes effective January 1, 2027.

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