New bill could revise child custody laws in Alabama

MOBILE, Ala. (WALA) - House Bill 229, introduced in the Alabama legislative session, seeks to maximize a child’s time with both parents during a divorce or separation.

Dubbed the Best Interest of the Child Protection Act, FOX10 News caught up with the lawmaker behind the bill-Representative Kenneth Paschal, A.L. House Representative for District 73.

“My bill is called the Best Interest of the Child- it’s not the Best Interest of the Fathers or Mothers or Judges. We want for kids to have better outcomes,” said Rep. Paschal.

Rep. Paschal says the bill revises child custody laws and give the child as much time with both parents as possible.

“Currently, when a parent divorces or separates from each other, the judges will start with ‘which is the primary parent’ and the other parent gets to visit with their child 2-6 days a month. So my bill starts with a premise that we want to have maximize time- the child should maximize time with both parents,” he said.

However, Paschal says it’s not a cookie-cutter approach, and that the bill doesn’t require both parents to have equal time with the child as every situation is different.

“This bill does not mandate 50/50,” he explained. “I hear that a lot- there is nowhere in the bill that mandates 50/50 and there is nowhere in the bill that mandates if there is domestic violence, the abuser would have that time. I’m your biggest fighter when it comes to protecting parents, a spouse or kids from abuse and domestic violence. If there is domestic violence, it is not in the best interest of the child to live with abusers. My bill is not for abusers, it’s for healthy, loving parents-once again, the judge has to look at those factors immediately- drugs, abuse, and other factors.”

In 2008, the state legislature determined the current child custody laws were antiquated, but 16 years later, those laws remain unchanged.

“We’re supposed to be a pro-family state, but we really haven’t done anything to strengthen our family,” said Paschal.

Under current law, joint physical custody is defined as “frequent contact with each parent.” The specific criteria is left undefined, Paschal says. Courts are also not obligated to document their decision-making process when considering and rejecting joint custody.

Existing law requires parents in a child custody matter to submit a parenting plan only in cases when the parties request joint custody. This bill would require each parent (separately or together) to submit a parenting plan in all cases, with provisions covering matters relevant to the care and custody of the child.

Paschal says the bill is modeled after the success of Kentucky’s shared parenting law that passed in 2018.

Kentucky family court Judge Mica Pence says at first, she was apprehensive when the bill passed.

“We weren’t happy- as lawyers, as judges, that was the year I took the bench after 10 years practicing custody and family law. But boy was I wrong- it has been a blessing to see people become more active in their children’s lives. What were we thinking before- we were using a system that only gave one parent every other weekend and one day a week,” said Judge Pence.

Paschal argues the success of the next generation starts at home.

“If you turn on the TV tonight- you’ll see shooting, killing violence, we see increased behavioral problems in our schools. Data shows when kids have limited time with mom and dad- they’re more likely to drop out of school, commit suicide, teen pregnancy- the list just goes on and on,” he said.

“I believe it’s human nature to feel strongly about protecting children from being placed at risk. After going through a divorce following my retirement from the U.S. Army after 21 years, I was eager to spend more time with my daughter. However, I was forced into the Alabama courtroom, where the conversation began with an every-other-weekend arrangement. Thankfully, my daughter, now 20, survived. Initially, I thought this was an isolated situation. However, after researching, I discovered that approximately 40,000 children in Alabama alone are impacted by similar circumstances each year, which was mind-boggling. I’ve personally seen countless children forced by court orders to maintain a relationship with only one parent, often with no justifiable reason. I’ve also spoken to children of divorce who are made to suppress their natural love for one parent, which often leads them to seek unhealthy ways to fill the void in their hearts. We see the consequences of this every day when we turn on the news. It’s heartbreaking, and it’s something that urgently needs to be addressed, using best practices and peer-reviewed social science data. As policymakers, we have an obligation to protect children from being placed at known risk,” he said.

If folks have questions or concerns regarding HB 229, Paschal encourages them to contact (205)-626-9458 or email him at kenneth.paschal@alhouse.gov.