HB316 Alabama 2011 Session

Summary

Primary Sponsor

Jeremy Oden Public Service Commission President

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Family Act, Sec. 30-3-158 added; Secs. 30-3-150 to 30-3-155, inclusive, 30-3-157 am'd.; Secs. 30-3-1, 30-3-2, repealed

Description

Under existing law, there is a presumption that joint custody is in the best interest of the child when each parent requests it in a divorce or other proceeding involving child custody, but as a matter of practice, each parent may not share equally in the rearing of the child when joint custody of a child is ordered by a court.

This bill would state the intent of the Legislature to make Alabama law regarding child custody and support consistent with current social science data and federal welfare reform laws, to safeguard due process, equal protection, and liberty interest rights found in the U.S.

Constitution and the Alabama Constitution, and to ensure that Alabama children have freedom of association with each of the two fit parents.

This bill would require a parenting plan in every case involving the custody of a child. This bill would require the plan to contain certain provisions including a designation of which parent may exercise primary authority in making childrearing decisions regarding custody of a child at designated times.

This bill would require the court to order equal parenting time with each of the two fit parents unless one or both parents is determined to be unfit, or absent a fair agreement between the parents not to adopt an equal parenting time arrangement.

This bill would require a finding by a court that a parent is unfit to be made in writing and supported by clear and convincing evidence.

This bill would require the court to apply Rule 32 of Judicial Administration regarding child support.

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Subjects

Family Law