HB316 Alabama 2011 Session

Summary

Primary Sponsor

Jeremy OdenAlabama Public Service Commission

Republican

Co-Sponsors

Mary Sue McClurkinElaine BeechK.L. BrownDan WilliamsBarry MooreEd HenryRichard BaughnKurt WallaceJohn MerrillJim PattersonWayne JohnsonDarrio MeltonMicky HammonPhil WilliamsTodd GreesonRandy DavisMike HillMac McCutcheonJay LoveMike BallHarry ShiverJoe FaustSteve McMillanJamie IsonJim McClendonBarry MaskDexter Grimsley

Session

Regular Session 2011

Title

Child custody, parenting plan required, requirements, shared parenting unless parent found not fit by court, appellate review, Children's Family Act, Sec. 30-3-158 added; Secs. 30-3-150 to 30-3-155, inclusive, 30-3-157 am'd.; Secs. 30-3-1, 30-3-2, repealed

Summary

HB316 would require parenting plans in all child custody cases and promote equal parenting time and joint decision-making for two fit parents unless a court finds one parent unfit or they privately agree to a different arrangement.

What This Bill Does

Creates the Alabama Children's Family Act and emphasizes equal access to both fit parents. Requires a parenting plan in every custody case that lists major decisions and residential times and designates which parent has primary authority. Generally requires equal parenting time for both fit parents unless one is unfit or the parents privately agree to a different plan, with written, clear-and-convincing findings for any finding of unfitness. Applies Rule 32 to child support, ensures records are shared between both parents, and repeals older custody provisions while adding new sections.

Who It Affects

• Children: are meant to have frequent contact with both fit parents and to have equal access to parental involvement and records, regardless of marital status.
• Parents: two fit parents gain equal rights and responsibilities for major decisions and equal residential parenting time; a parent found unfit could face limitations and must have written findings, and temporary custody arrangements may occur during litigation.

Key Provisions

• Amends Sections 30-3-150 to 30-3-155 and 30-3-157; adds Section 30-3-158; repeals Sections 30-3-1 and 30-3-2.
• Requires a parenting plan in every custody case, detailing care, education, health care, holidays, child support, and designation of which parent has primary authority over major decisions.
• Requires courts to order equal parenting time for both fit parents unless one is unfit or there is a fair agreement not to adopt equal time; unfitness must be proven in writing with clear and convincing evidence.
• Mandates equal access to most child records for both parents; may restrict information if a parent is proven unfit; applies Rule 32 for child support; includes written findings of fact for support decisions.
• Provides temporary shared custody during initial filings unless agreement or unfitness justifies temporary sole custody; establishes standards for appellate review of custody and support determinations.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law