HB266 Alabama 2010 Session

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

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.