HB266 Alabama 2010 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

Mike CurtisBarry MaskElaine Beech

Session

Regular Session 2010

Title

Child custody or visitation, motion to stay proceeding pending adjudication of criminal charge involving parent, court to consider best interest of child

Description

Under existing court precedent, a parent who has been charged with a crime may move to stay a custody or visitation proceeding pending the outcome of the criminal case.

This bill would provide a procedure and guidelines for the court to follow when considering a stay in custody or visitation proceedings pending the adjudication of a criminal charge involving the parent.

This bill would provide a rebuttable presumption that it is in the best interest of the child to proceed with the custody or visitation matter. This bill would require the court to appoint a guardian ad litem to represent the child in the hearing on the stay.

This bill would provide factors for the court to consider in determining the best interest of the child.

This bill would also provide that the subsequent acquittal on a criminal charge of a parent who motioned for and was denied a stay may constitute a change in circumstances for purposes of seeking a modification by that parent of a custody or visitation order that was entered by the court while criminal charges were still pending.

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Subjects

Child Custody