HB757 Alabama 2012 Session

Summary

Primary Sponsor

Jim Patterson

Republican

Session

Regular Session 2012

Title

Child custody, parenting plan required, shared time required if parents fit or unless agree otherwise, criteria to determine fitness, content of parenting plan, court to designate when parties can not agree, Secs. 30-3-1, 30-3-2 repealed

Summary

HB757 would replace Alabama's current custody framework with a requirement for a parenting plan in every case where parents separate, establishing a strong presumption of equal parenting time and shared decision-making unless harm is shown.

What This Bill Does

It requires a parenting plan in all cases where parents no longer live together, detailing timesharing and who makes major decisions. It creates a rebuttable presumption that both parents should have equal parenting time unless clear evidence shows that equal time would not be in the child's best interests, and requires written findings if the court orders less than equal time. It also sets temporary shared parenting during the initial proceedings, requires a permanent plan within 60 days, and mandates co-parenting education and mediation; it includes specific rules about parental fitness and protections in cases involving domestic violence.

Who It Affects

• Parents and guardians involved in child custody cases who are divorcing or separating; they must create and follow a detailed parenting plan, with timesharing schedules and rules for decision-making.
• Children of separated parents, who gain a broad right to time with both parents and to participate in major life decisions, along with protections for school continuity and access to records.

Key Provisions

• Repeals Sections 30-3-1 and 30-3-2 and replaces them with the Alabama Children's Family Act.
• Every case with children whose parents are not living together must have a parenting plan, including a timesharing schedule and designation of which parent has primary authority at different times.
• Defines terms such as parenting plan, timesharing schedule, shared legal/physical parenting time, and sole legal parenting times.
• Creates a rebuttable presumption of equal parenting time for two fit parents; courts must provide written findings if they order less than equal time.
• Courts deviating from the act must provide written findings, unless the parents agree not to pursue equal parenting time.
• During the case, there is a temporary presumption of shared legal and physical parenting times; there is a 60-day deadline to submit a permanent plan, with possible temporary sole rights if agreed or if one parent is found unfit.
• Domestic violence findings create a presumption that shared parenting is detrimental with the DV perpetrator; other evidence rules apply.
• Permanent plans must designate which parent handles major decisions and must address holidays, vacations, and day-to-day care; emergency decisions may be made by either parent.
• Courts must use the least restrictive means to achieve equal time and record written findings for any departure from equal time; if parents cannot agree, the court selects from submitted plans that protect equal access.
• Both parents should have access to most child records (medical, school, etc.) unless a court finds a parent unfit; school records can be shared on request, with a 20-business-day response time.
• All court orders must include written findings of fact and law when they deviate from equal parenting time; there are provisions for co-parenting education (minimum four hours) and therapeutic mediation, with costs split equally.
• The act applies to actions filed after its effective date and is not retroactive to modify existing custody orders.

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

Subjects

Child Custody