NPO Backs Rep. Kenneth Paschal's Push to Modernize Alabama Custody Laws

MONTGOMERY, Ala. - The National Parents Organization (NPO) has formally endorsed Rep. Kenneth Paschal's reintroduction of the Best Interest of the Child Protection Act, a bipartisan proposal aimed at updating Alabama's decades‑old child custody laws and improving outcomes for families across the state.

NPO leaders said they encouraged Paschal to bring the bill back after receiving extensive positive feedback from Kentucky, where similar shared‑parenting reforms enacted in 2018 have been credited with reducing custody disputes, increasing parental involvement, and shortening court conflicts.

"National Parents Organization supports Rep. Paschal's leadership in advancing evidence‑based custody reform," an NPO spokesperson said. "Kentucky's experience shows that shared parenting laws, when paired with strong safeguards, benefit children, families, and courts alike. Alabama children deserve the same opportunity."

A Push to Modernize 40‑Year‑Old Custody Standards

HB147, pre‑filed for the 2026 Regular Session with a Senate companion expected, would establish shared parenting as the starting point in custody decisions. The bill maintains full judicial discretion to protect a child's health, safety, and well‑being.

"Alabama's custody laws are more than 40 years old and no longer reflect what research or experience shows children need," Paschal said. "This bill focuses on children's well‑being, not parents' preferences."

Addressing Vague Standards and Uneven Outcomes

Current Alabama law requires courts to consider joint physical custody-defined only as "frequent and substantial contact" with both parents-but provides no measurable standard. As a result, custody arrangements vary widely, from minimal visitation of four to six days per month to true 50/50 schedules, often without written explanation.

The Alabama Supreme Court noted in Ex parte Byars (794 So. 2d 345, 2001) that it is "better practice" for trial courts to explain how statutory factors are applied when granting or denying joint custody. That guidance remains inconsistently followed.

HB147 seeks to create clearer expectations by:

- Defining joint physical custody as equal or approximately equal parenting time

- Establishing uniform statewide custody and visitation guidelines

- Creating a rebuttable presumption that shared custody is in a child's best interest

- Requiring parenting plans in all custody cases

- Requiring written findings when courts deviate from shared parenting

"These reforms promote transparency and consistency," Paschal said. "Families deserve to understand how decisions affecting their children are made."

Research and Public Support Behind the Bill

Supporters point to more than 40 peer‑reviewed studies and statements from over 100 social scientists showing that children in shared‑parenting arrangements experience stronger outcomes across health, educational, and behavioral measures.

A 2023 independent survey commissioned by NPO found that more than 80% of Alabamians support shared parenting as the starting point in custody cases.

The bill also builds on years of work by the Alabama Law Institute's Family Law Standing Committee, judicial surveys from the Administrative Office of Courts, testimony from families and legal professionals, and statewide polling.

Safeguards for Children Remain Central

The legislation does not mandate equal parenting time in every case. Courts would retain full authority to restrict or deny shared custody when evidence shows abuse, neglect, substance abuse, or other risks.

"This applies only when both parents are willing and able," Paschal said. "Children should not lose meaningful relationships with a parent without a clear, written reason."

Supporters estimate that roughly 40,000 Alabama children each year are placed on limited visitation schedules, often without specific findings explaining why.

Following a Proven Model

If passed, Alabama would join Kentucky, Arkansas, Florida, Missouri, and West Virginia in adopting shared‑parenting reforms. Currently, Madison County is the only Alabama judicial circuit that uses shared parenting as its default starting point.

In a 2024 letter, Judge Mica Wood Pence of Kentucky's 43rd Judicial Circuit praised her state's law for establishing "a rebuttable presumption of shared or equal parenting time," noting its success since implementation.

"This is not a partisan issue," Paschal said. "It's about children and families."