SB196 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

Shadrack McGillDick BrewbakerPaul BussmanBill HoltzclawClay ScofieldGerald O. DialBryan TaylorTom WhatleyGreg J. ReedHarri Anne SmithJimmy HolleyGerald H. AllenJ.T. WaggonerDel MarshTrip PittmanPaul SanfordRusty GloverArthur OrrScott BeasonMark Slade Blackwell

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Family Act, Sec. 30-3-158 added; Secs. 30-3-150 to 30-3-155, inclusive, 30-3-157 am'd.; Secs. 30-3-1, 30-3-2, repealed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

SB196 would create the Alabama Children's Family Act, requiring a parenting plan in every custody case and generally providing for equal parenting time for two fit parents, with formal unfitness findings and updated custody and support rules.

What This Bill Does

It requires all custody cases to have a written parenting plan that designates which parent has primary authority and outlines residential parenting times. It presumes equal parenting time for two fit parents unless one is unfit or the parents voluntarily agree not to pursue equality. It requires any finding of parental unfitness to be written and supported by clear and convincing evidence, and it applies Rule 32 of the Judicial Administration for child support. It also adds new provisions and terminology, applies these rules to initial filings, custody filings, and modifications, and repeals two existing sections while updating the overall custody framework.

Who It Affects

• Two fit parents involved in a child custody case (divorce or separation) who would need to create and follow a parenting plan and may receive equal parenting time unless unfitness or a voluntary agreement changes that.
• The Alabama court system and child-support/record-keeping entities, which must apply the new rules, issue written findings, enforce equal parenting time, and share relevant records between parents.

Key Provisions

• Requires a parenting plan in every custody case, detailing major decisions, residential times (holidays, vacations, etc.), and designating which parent has primary authority.
• Courts must order equal parenting time for two fit parents unless one or both are found unfit or the parents reach a fair agreement not to pursue equal time.
• Unfitness must be proven in writing with clear and convincing evidence.
• Court decisions on custody and support must apply Rule 32 of the Alabama Rules of Judicial Administration for child support calculations and orders.
• Adds Section 30-3-158, applying these custody rules to initial divorce filings, all custody filings, and modifications of custody orders.
• Repeals Sections 30-3-1 and 30-3-2 and amends Sections 30-3-150 to 30-3-155 and 30-3-157, updating the overall custody framework.
• Defines key terms (joint custody, joint legal/physical custody, sole custody, parenting plan, residential parenting time, parental unfitness) and establishes how a parenting plan should allocate decision-making and time.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law