Lawsuits & Litigation

Pre-filed Alabama bill would give unmarried fathers more custody rights

HUNTSVILLE, Ala. (WAFF) – Alabama lawmakers are expected to discuss a bill next week that would give more rights to unmarried fathers.

That bill is called the “Good Dad Act” and was pre-filed in November.

The bill would give certain custody rights to unmarried fathers who admit that they are the father of a child.

Under that bill, if a father lives within 40 miles of their child, they would be able to have shared custody of that child.

However, there would be exceptions if a father is violent with the child or the mother.

The bill would also require that both parents be notified if a child is going to move the child permanently from the state.

Judges would be mandated to consider joint custody as the best option for a child unless there is a compelling reason.

Alabama House Representative Patrick Sellers filed the bill.

He said it’s important for a child to have both parents play an active role in his or her life.

“There has to be 50/50, sharing of the time,” said Sellers. ”If they stay together, then it would be that consistency of both parents being visible with children. When you’re reduced to four days a month, and then the other parent has 26 days a month. 26 days out of the month, that’s so lopsided. You can’t raise a child. You can’t parent a child. You only become the weekend warrior.”

Sellers has also filed a separate, but related bill that would require judges to consider joint custody as the best option for a child if his or her parents are getting a divorce.

Judges would also be required to consider joint custody as the best option for a child unless there is a compelling reason, like a father being violent.

Huntsville Attorney Maleah Durham said the bill would make it easier for unmarried fathers to receive shared custody since it would be established under the law that the father would have equal rights to the mother.

Durham said she believes the bill is in the best interest of children throughout North Alabama.

“They do want fathers to have an equal time with the child and equal say in the child’s upbringing,” said Durham. ”So I think the courts have shifted a lot, but this just kind of reiterates that in stating, ‘Hey, we do recognize dads, and we do recognize that dads should have as much time with children as moms.’”

That bill is expected to be discussed when the 2025 Alabama legislative session begins next Tuesday, February 4.

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