HB 53 Alabama House · 2025 Regular Session

Child custody; rebuttable presumption of joint legal custody and substantial parenting time for both parents created

HB 53 creates a rebuttable presumption that joint legal custody and equal or approximately equal parenting time with both parents is in the best interest of the child. It requires courts to document their reasons if they deviate from this presumption and establishes uniform guidelines for other custody arrangements. The bill mandates that all parties in custody matters submit a parenting plan, outlining remedies like makeup parenting time for non-adherence. Additionally, it removes outdated language regarding a husband's automatic custody in cases of abandonment by the wife.

Bill status passed 3 of 5 stages cleared

Introduction

Oct 2024

Committee Review

May 2025

House Passage

Apr 2025

Senate Passage

Governor

Introduced Oct 1, 2024 Last action May 1, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Engrossed · 5 edits · Apr 29, 2025

MODERATE

This bill was amended to strengthen child custody provisions by adding new requirements for parenting time, clarifying definitions of physical custody, and expanding the list of factors courts must consider when making custody decisions. The changes aim to ensure children maintain frequent and substantial contact with both parents unless domestic violence is involved.

Scope change

The bill's scope was expanded to include more specific requirements for parenting time schedules and school zone considerations in joint physical custody arrangements.

REQUIREMENT

Added requirement that courts must address specific parenting time matters including school year schedules, summer breaks, holidays, and parental birthdays in final custody orders.

Added new factor requiring courts to consider the emotional bond between the child and each parent when making custody determinations.

Added requirement for courts to designate which parent's residence contains the child's school zone in joint physical custody orders without a primary custodian.

DEFINITION

Added 'PRIMARY PHYSICAL CUSTODY' as a defined term alongside 'SOLE PHYSICAL CUSTODY' to clarify custody arrangements.

TECHNICAL

Updated bill reference numbers and formatting throughout the document from introduced version to engrossed version.

Floor votes

How they voted

This bill passed the House by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 1, 2025

Upper · Passed

Pending Committee Action in Second House (Children and Youth Health)

upper

Apr 29, 2025

Lower · Passed

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 1089

lower

Apr 29, 2025

Lower · Passed

Sellers motion to Table - Adopted Roll Call 1088

lower

Apr 29, 2025

Introduced

Paschal 1st Substitute Offered

lower

Apr 29, 2025

Lower · Passed

Motion to Adopt - Adopted Roll Call 1087

lower

Apr 29, 2025

Introduced

Judiciary 1st Substitute Offered (Judiciary)

lower

Mar 19, 2025

Lower · Passed

Reported Out of Committee House of Origin

lower

Feb 4, 2025

Lower · Passed

Pending Committee Action in House of Origin (Judiciary)

lower

1 primary · 0 co-sponsors