State Rep. Patrick Sellers (D-Birmingham) recently pre-filed legislation to increase the number of joint custody agreements awarded in divorce cases in Alabama.
Sellers' bill would create a "rebuttable presumption" that joint custody is in the children's best interest. The bill would emphasize joint custody in divorce cases. Under a rebuttable presumption, a judge must consider joint custody the best option unless later evidence shows otherwise.
The bill could increase the number of joint custody settlements. However, the courts will still have discretion when measuring the best interests of any children involved.
"I have no doubt that judges in Alabama go into divorce cases with the best interest of the child in mind, but I think they should be required to consider joint custody unless there are extenuating circumstances," Sellers said. "I feel a child should have equal access to both parents after a divorce. I know of many cases in which sole custody was granted only to have detrimental effects on the child later in life."
The legislation would not apply in cases where domestic or family abuse has occurred. It would also still grant the judge's discretion to consider extenuating circumstances, such as the ability of the parents to cooperate with each other and the distance the parents live apart.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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