HB97
By Representatives McMillan and Fuller
RFD Judiciary
Rd 1 02-MAR-1999

SYNOPSIS:

Under existing law, upon the granting of a divorce, the court may award custody of the children of the marriage to either parent based upon the best interests of the child.

This bill would specify that a child who has reached his or her 12th birthday may choose the parent with whom the child would live, unless the court determines the selected parent is unfit or that the choice is not otherwise in the best interests of the child or the child is the subject of a joint custody decree.

A BILL
TO BE ENTITLED
AN ACT

Relating to the awarding of the custody of a child; permitting a child who is 12 years of age or older to designate the custodial parent and providing certain exceptions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) A child who has reached his or her 12th birthday may, upon the granting of a divorce or the petition of the non-custodial parent, designate to the court the parent with whom he or she wishes to live. The selection of the child shall be controlling unless the court determines based upon clear and convincing evidence that the best interests of the child would not be served by awarding custody to the designated parent, such as in cases with an established history of physical, emotional, or sexual abuse or neglect.

(b) This section shall not interpreted to deny a non-custodial parent the right to reasonable visitation, when otherwise authorized.

(c) If a child is the subject of a judicial decree of joint custody pursuant to Sections 30-3-150 to 30-3-157, inclusive, Code of Alabama 1975, in which the parents of the child have approximately equal sharing of joint physical custody, the age of designation permitted by this section shall be 14 years.

(d) If an order changing custody is entered pursuant to this act, then any future review and

modification or alteration pursuant to this act shall not be permitted for a period of 12 months following the date of the entry of the order modifying custody. However, this subsection shall not limit or restrict the power of the court to enter an order relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor which will materially promote the best interests of the child.

Section 2. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 3. All laws or parts of laws which conflict with this act are repealed.

Section 4. This act shall become effective 60 days after its passage and approval by the Governor, or upon its otherwise becoming law.

Family Law

Child Custody

Children

Civil Procedure

Divorce

Domestic Relation

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