Child Visitation

 As of early 2026, child visitation in Alabama is governed by the "Best Interest of the Child Protection Act" (HB 229), which went into effect on January 1, 2026. 

 The most significant change is a new rebuttable presumption that joint legal and physical custody is in the child’s best interest. This means that for all new cases filed in 2026, Alabama courts now start with the default assumption that parents should share roughly equal parenting time. 

• Burden of Proof: If one parent wants primary or sole custody, they now carry the burden to prove why the joint arrangement would not be in the child's best interest.
• Existing Orders: This new law is not retroactive. If you have an existing order, the old terms remain unless you file a Petition for Modification based on a material change in circumstances.