HB266 Alabama 2010 Session
In Committee
Bill Summary
Sponsors
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
<p class="bill_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</p><p class="bill_description">
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</p><p class="bill_description">
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</p><p class="bill_description">
This bill would provide factors for the
court to consider in determining the best interest
of the child</p><p class="bill_description">
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</p><p class="bill_entitled_an_act"> To provide a procedure for a court to follow when a
parent in a custody or visitation proceeding moves to stay the
proceeding pending adjudication of a criminal charge; to
require the court to consider the best interest of the child;
to create a rebuttable presumption that the best interest of
the child is to proceed with the custody or visitation
proceeding; and to provide that an acquittal on the criminal
charges may constitute a change of circumstances for purposes
of a modification proceeding by certain parents.
</p>
Subjects
Child Custody
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| January 14, 2010 | Read for the first time and referred to the House of Representatives committee on Judiciary |
Bill Text
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB266 Alabama 2010 Session - Introduced |