SB408 Alabama 2013 Session

Summary

Primary Sponsor

Paul Sanford

Republican

Session

Regular Session 2013

Title

Child custody, parenting plan required, contents, parental fitness, factors and determination by court

Summary

SB408 would require parenting plans in custody cases, establish a default of equal custody for two fit parents, and set standards for evaluating parental fitness and sharing records.

What This Bill Does

It requires a detailed parenting plan in every custody case where parents live apart, including schedules, decision-making responsibilities, and holiday plans. It creates a rebuttable presumption that both parents are fit and should share major decisions, with specific factors the court must consider to determine fitness. It aims for reasonable and equitable parenting time in disputes, uses the least restrictive means to achieve joint custody when possible, and requires access to the child’s records for both parents; it also addresses temporary custody during litigation and protections related to domestic violence.

Who It Affects

• Separated or divorcing families: must draft and submit a detailed parenting plan within 30 days, with implications for custody, time with the child, and decision-making authority, plus potential temporary joint custody during the process.
• Parents and their children, plus schools and records custodians: both parents gain equal access to the child's records unless a court says otherwise, and school records can be shared with requesting parent to support co-parenting.

Key Provisions

• A parenting plan is required in all custody cases, detailing residential time, holidays, school vacation times, and who makes major decisions (education, health care, religious training, etc.). It also defines 'parenting plan' and 'parental time' for custody determinations.
• There is a rebuttable presumption that two fit parents should have equal custody and share in major decisions, with courts required to defer to fit parents unless clear and convincing evidence shows otherwise.
• If parents disagree about parenting time, courts must grant reasonable and equitable parenting time unless clear and convincing evidence shows it would harm the child's best interests; temporary custody arrangements may be used during litigation, and the plan should favor the least restrictive means to achieve equal time.
• A variety of fitness factors are listed for courts to consider when deciding parental fitness (including domestic violence, abuse, abandonment, substance issues, and consistency of parenting time), and serious concerns can lead to limiting custody to one parent.
• Both parents shall have access to the child's records (medical, school, etc.), and school information can be shared directly with a requesting parent within a specified timeframe; emergency decisions can be made by either parent when the child is in their custody.
• If parents cannot agree on a permanent plan, the court will use one of the proposed plans or order a plan consistent with the act, and relocation or school district changes are addressed within the plan.

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

Subjects

Child Custody