HB757 Alabama 2012 Session

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 child custody proceeding. Under existing law, joint custody may include both joint legal and joint physical custody, only joint legal custody, or only physical custody

This bill would state the intent of the Legislature as follows: (1) to safeguard a child's best interests to a fundamental right to a maximized, substantial, and meaningful parent-child relationship with each parent when the parents are no longer living together; (2) that fit, natural parents are presumed to act in the best interests of their children, and just because the parents are divorcing, or are no longer in a relationship together, does not automatically make them unfit

Therefore, parental child rearing decisions should be made by the application and wisdom of both parents, absent clear and convincing evidence of compelling reasons otherwise

This bill would require a parenting plan in every case involving children with parents that are no longer living together. This bill would require the parenting plan to contain certain provisions including a designation of which parent may exercise primary parenting times and authority in making child rearing decisions at designated times

This bill would require a rebuttable presumption in favor of equal parenting times when the parents are in disagreement as to parenting time, and would require a court not ordering equal parenting time to make written findings that clear and convincing evidence indicates that equal parenting times would not be in the child's best interests

This bill would require a court deviating from this act to provide written findings to support its judgment, absent an agreement between the parents not to adopt an equal parenting time arrangement

Relating to child custody; to require a parenting plan in all cases involving parenting times of a child; to provide requirements for parenting plans; to provide a rebuttable presumption that each parent is acting in the child's best interests when creating a parenting plan, unless a proposed parenting plan unduly restricts parenting times with the other parent without just cause by clear and convincing evidence; to provide a rebuttable presumption a court shall order equal parenting times; to require written findings; to provide for exercise of primary parental decision making authority by a parent pursuant to a parenting plan; to provide standards for appellate review of custody determinations; and to repeal Sections 30-3-1 and 30-3-2, Code of Alabama 1975.