House committee refers custody bill to subcommittee after questions on presumptions and judicial discretion
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Summary
Representative Sellers presented HB 19, which would create a rebuttable presumption favoring joint legal custody and substantial parenting time except in domestic-violence cases; committee members raised concerns about removing a required custody agreement and limits on judicial discretion and referred the bill to a subcommittee.
Representative Sellers introduced HB 19 to the House committee as a measure to increase children's time with both parents, proposing a rebuttable presumption that joint legal custody and substantial parenting time are in a child's best interest except in cases of domestic or family violence. "This bill would create a rebuttable presumption that joint legal custody and frequent and continuing contact and substantial parenting time with both parents," Sellers said.
The bill would require courts to make specific findings in final orders about holidays, communication and child support, and would remove existing provisions that require parents to submit a detailed custody agreement to the court. During questions, Representative Drummond asked for clarification: "What is presumptive? ... I'm not a lawyer," and pressed whether the change effectively transfers authority from negotiated parental agreements to judicial orders.
Several committee members expressed broader concerns about the proposal. One member told the committee the measure appeared to be "a wholesale change of how we ... Alabama's child custody laws, and it seems to be like a one size fits all kind of cookie cutter approach and also takes away some of the judge's discretion." Supporters noted the bill keeps judicial decision-making intact by requiring specific findings when the presumption is overcome and said the change was developed with input from Judge Hill.
Given the number of substantive questions and requests for clarification about definitions and the removal of the prior agreement requirement, the committee moved HB 19 to a subcommittee for further work. The chair appointed Vice Chair Estes to chair the subcommittee and asked Representatives Drummond and Ross to serve. No final vote on the bill was taken; the referral was procedural and the sponsor said he is open to amendment.
The subcommittee is expected to review the definitions and language about the rebuttable presumption and how the court should record findings in final orders.