Written by Mike Hobson
July 15, 2025
House Representative Patrick Sellers, a Jefferson County Democrat, has pre-filed two interesting bills aimed for the 2026 legislative session. These two bills could continue Alabama’s path to improve the legal standing and custody or visitation rights of unwed child fathers in domestic situations. HB-18 is to be known as “The Good Dad Act”.
HB-18 provides:
Under existing law, after the birth of a child
to an unmarried woman in a hospital, an alleged father
may execute a voluntary acknowledgment of paternity
with consent of the mother. An acknowledgment of
paternity constitutes a legal finding of paternity and
confers all rights and duties of a parent on the
acknowledged father.
This bill would provide that, in any proceeding
relating to child custody, visitation rights, or child
support, a valid voluntary acknowledgment of paternity
creates certain rebuttable presumptions in favor of
joint custody and shared parenting time.
This bill would create a rebuttable presumption
in those proceedings that a parent may not remove the
child from the state without the permission of the
other parent or the court.
This bill would also provide exceptions for
cases involving domestic or family violence.
HB 19 goes further to amend existing child custody laws in divorce cases by creating a rebuttable presumption that joint custody is in the best case of the child and would require a judge who rules against joint custody to outline determining factors in that decision. Specific language in the bill provides:
Under existing law, it is the policy of the
state to assure that minor children have frequent and
continuing contact with parents who act in the best
interest of their children.
This bill would create a rebuttable presumption
that: (i) joint legal custody; and (ii) frequent and
continuing contact and substantial parenting time with
both parents are in the best interest of the child,
except in cases of domestic or family violence.
If the court does not grant joint legal custody
and substantial parenting time, this bill would require
the court to make specific findings supporting the
determination that the presumptions were overcome.
This bill would specify information that must be
addressed in the final order of the court, such as
division of holidays, communication, and child support.
This bill would also remove a provision
requiring parents to submit an agreement detailing
certain matters relevant to the care and custody of the
child.
Court cases involving child custody, visitation, and shared parenting rights are often an emotional and difficult problem that our judicial system is faced with sorting or unraveling. Fathers that are not married to the child’s mother often are foreclosed from having any access at all to their children even though they may be court ordered to financially support the child. Of course, there are often compelling reasons why this happens and the courts have to walk the emotional tightrope.
Representative Sellers has taken a bold step towards improving a Father’s opportunities to have a child rearing relationship with their natural offspring. It is a step in the right direction in our opinion and we applaud this effort by Representative Sellers for changes in existing law.
Editor’s Note: This is an opinion article. The views expressed herein are solely those of the author and do not represent the views of Bibb Voice, Centreville Press, or Bibb Community Media. Your thoughtful and courteous comments about this article are welcomed.
