SB186 Alabama 2017 Session

Summary

Primary Sponsor

Larry StuttsSenator

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

SB186 would require parenting plans in all child custody cases, strengthen a joint parenting presumption with shared responsibilities, and add remedies for violating time-sharing schedules.

What This Bill Does

It creates a rebuttable presumption that both parents are fit to make parenting decisions and should have maximum parenting time. It defines custody terms and sets uniform guidelines for decisions about the child. It requires every custody case to have a parenting plan, and allows the court to establish one if the parents cannot agree. It adds remedies for noncompliance with time sharing (makeup time, costs/fees, required parenting courses) and requires enforcement of orders in the same manner.

Who It Affects

• Parents involved in child custody cases: must submit a parenting plan in all cases, may face remedies and costs if they do not follow the time-sharing schedule, and are subject to a presumption of joint custody that may be challenged only with clear and convincing evidence of unfitness.
• Children of separated or divorced parents: would have structured time with both parents and protections to ensure ongoing contact, with court-enforced plans and remedies to maintain the schedule.

Key Provisions

• Joint custody is the policy to ensure frequent and continuing contact, and joint custody does not automatically mean equal physical custody.
• Definitions for joint legal custody, joint physical custody, nonresidential custodial parent, and parenting plan are provided; court may designate tie-breaking authority and consider the primary custodian if needed.
• A rebuttable presumption is created that joint custody is in the child's best interest, which can be overcome only by clear and convincing evidence of unfitness due to abuse, neglect, or abandonment.
• The court shall consider joint custody but may award other forms of custody; factors for best interest include cooperation, the child’s needs, and safety, among others.
• In order to implement joint custody, parents must submit provisions covering care, education, medical care, holidays, transportation, child support, and other matters; if parties cannot agree, the court shall set a parenting plan.
• If both parents submit the same parenting plan, it is presumed to be in the child’s best interest and should be granted unless specific findings explain why not.
• A new Section 30-3-158 provides remedies for a parent who fails to adhere to the time-sharing schedule, including makeup time, payment of court costs and attorney fees, attendance at a court-approved parenting course, payment of actual costs, and any other reasonable remedies.
• Public policy requires courts to enforce all parenting time, visitation, custody, and child support orders in the same manner.
• The act takes effect January 1, 2018.

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