SB186 Alabama 2017 Session

Summary

Primary Sponsor

Larry Stutts Senator

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.

Description

Existing law specifies that it is the policy of this state that parents who are divorced or separated have frequent and continuing contact with their children, but existing law establishes no statutory definition of frequent and continuing contact. Existing law also specifies that joint custody does not necessarily mean equal physical custody.

This bill would delete from existing law the statement that joint custody does not necessarily mean equal physical custody. This bill would revise existing definitions regarding custody to be consistent with terminology used in case law and to specify that both parents share all aspects of parenting. This bill would establish uniform guidelines to be used in all child custody determinations. This bill would create a rebuttable presumption that both parents are fit to make parenting decisions and to have maximum parenting time with their child. This bill would also provide that it is the public policy of this state that a court with jurisdiction enforce all parenting time, visitation, custody, and child support orders in the same manner.

Existing law requires the parties in a child custody matter to submit a parenting plan only in cases where the parties request joint custody.

This bill would require the parties to submit a parenting plan in all cases. This bill would also authorize the court to establish a parenting plan when the parties are unable to agree upon one. This bill would specify additional remedies to a party when a parent, without proper cause, fails to adhere to the time sharing schedule in a parenting plan including makeup parenting time and reimbursement for costs and attorney fees.

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Subjects

Family Law