A new bill has been reintroduced aiming to establish joint custody as the standard in divorce proceedings.

House Bill 19, presented by Rep. D-Birmingham, proposes a rebuttal presumption that joint custody is generally in a child’s best interest, requiring judges to clarify their reasoning if joint custody isn’t granted.

Proponents argue that this requirement provides a tangible basis for parents to contest custody decisions they disagree with.

On the flip side, critics express concerns that this requirement could expose sensitive personal matters in public records viewable by anyone, including children.

During a hearing last year on a similar proposal, Mobile County Circuit Judge Michael Sherman remarked, “This bill would treat a nursing infant the same as a six-year-old with Asperger’s syndrome or an 18-year-old in college. I think it’s crucial for each child to have joint physical custody with both parents.”

He also criticized the previous draft of the bill for overlooking the existing caregiving relationships and emotional connections between children and their parents, although the current version includes language that addresses these emotional ties.

While there are exceptions to the presumption in cases involving domestic violence, Sherman cautioned about potential unintended consequences related to this exception.

“The exception for domestic violence could lead to false allegations being leveraged to influence custody decisions,” he stated. “If joint custody hinges on claims of domestic violence, there may be an increase in these unfounded accusations.”

This bill is similar to one previously supported by Rep. R. Pelham and Alabama Republicans, but it faced opposition from Hunter Weather of the Alabama Republican League during last year’s hearings because it didn’t go far enough.