HB239 Alabama 2017 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Jim HillRepresentative
Republican
Session: Regular Session 2017
Title: Child custody, parenting plan required in all cases, court established plan in certain cases, remedies for violations of plan, Sec. 30-3-158 added; Secs. 30-3-150, 30-3-151, 30-3-152, 30-3-153 am'd.
Summary: HB239 would require a parenting plan in every child custody case, let the court set a plan if parents can’t agree, and adds remedies for not following time-sharing rules.
What This Bill Does
It moves custody terminology toward joint custody and away from the idea of sole custody with visitation. It requires all custody cases to have a parenting plan and gives the court power to establish one if the parents can’t reach an agreement. The plan must cover care, education, medical care, holidays, transportation, communication, and which parent has primary authority for decisions, among other items. It adds remedies for not adhering to time-sharing schedules, including makeup time, cost and attorney-fee reimbursement, court-approved parenting courses, and other measures, in addition to existing tools like contempt.

Who It Affects
Parents and guardians involved in child custody disputes, who must prepare a parenting plan in all cases and may face remedies (makeup time, costs, fees, courses) if they don’t follow the plan.
Children of divorced or separated parents, whose daily care, time with each parent, holidays, and overall well-being may be affected by the custody and time-sharing decisions.

Key Provisions
Defines and clarifies custody terms, promoting joint custody (joint legal and joint physical custody) and moving away from the idea of one parent having sole physical custody with visiting rights.
Requires a parenting plan in every child custody case and authorizes the court to establish a plan if the parties cannot agree.
Specifies what the parenting plan must cover, including care and education, medical and dental care, holidays, transportation, communication, and designation of which parent has primary authority for various decisions, plus other court-ordered matters.
When both parents request joint custody, joint custody is presumed to be in the child’s best interest; if joint custody is not granted, a list of factors guides the court’s decision on other custody arrangements.
The court must consider a broad set of best-interest factors (e.g., ability to cooperate, relationship with the child, safety, stability, and the child’s needs) when determining custody if joint custody is not awarded.
Remedies for noncompliance with time-sharing in the parenting plan include makeup time, payment of reasonable costs and attorney fees, attendance at a court-approved parenting course, payment of other actual costs, and other remedies; these are in addition to contempt.

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