Alabama § 30-3-131 Determination Raises Rebuttable Presumption That Custody with Perpetrator Detrimental to Child

Alabama Statutes

§ 30-3-131 — Determination Raises Rebuttable Presumption That Custody with Perpetrator Detrimental to Child

Alabama § 30-3-131

Title 30Marital and Domestic Relations

Ch. 3Child Custody and Support

Art. 6Custody and Domestic or Family Abuse

This text of Alabama § 30-3-131 (Determination Raises Rebuttable Presumption That Custody with Perpetrator Detrimental to Child) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 30-3-131 (2026).

Text

In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence. Notwithstanding the provisions regarding rebuttable presumption, the judge must also take into account what, if any, impact the domestic violence had on the child.

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In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence. Notwithstanding the provisions regarding rebuttable presumption, the judge must also take into account what, if any, impact the domestic violence had on the child.