HB431 Alabama 2018 Session

Summary

Primary Sponsor

Phillip PettusRepresentative

Republican

Session

Regular Session 2018

Title

Child custody, clarify state policy, provide definitions, require parenting plan, Sec. 30-3-158 added; Secs. 30-3-150, 30-3-151, 30-3-152, 30-3-153 am'd.

Summary

HB 431 would change Alabama's child custody rules to encourage frequent contact with both parents, require parenting plans in all cases, and add enforcement tools if a plan isn't followed.

What This Bill Does

It defines and clarifies joint custody and joint physical custody, establishing a rebuttable presumption that joint custody is in the child's best interest unless there is clear and convincing evidence otherwise. It requires parenting plans in every custody case and lets the court create a plan if the parents cannot agree. It adds remedies for not following the time-sharing schedule, such as makeup time, reimbursing costs and attorney fees, and requiring a court-approved parenting course. It also emphasizes that courts should enforce parenting time, custody, and child support orders with equal importance, and it specifies when and how the act applies to new orders starting in 2019.

Who It Affects

• Parents who are divorced or separated and are involved in custody decisions; they may face a presumption of joint custody and must prepare a parenting plan, with potential for court-imposed plans and enforcement actions if they do not comply.
• Children and families, who are expected to have more consistent access to both parents and clearer plans for care, holidays, and decision-making, with stronger enforcement of time sharing.

Key Provisions

• Defines joint custody and joint physical custody, and clarifies that joint custody does not automatically mean equal time; joint physical custody should provide frequent and substantial contact with both parents.
• Creates a rebuttable presumption that joint custody is in the child’s best interest, which can be overcome only by clear and convincing written findings of fact.
• Requires a parenting plan in all custody cases (not just when joint custody is requested); allows the court to establish a plan if the parents cannot agree on one.
• Sets contents for parenting plans, including care, education, health care, holidays, transportation, child support, and how decisions about the child will be made.
• Allows the court to consider and weigh specific factors when custody is not joint, such as parental cooperation, the child’s needs, history of abuse, and the child’s current situation.
• Adds remedies for noncompliance with time-sharing schedules in the parenting plan, including makeup time, payment of costs and attorney fees, attendance at a court-approved parenting course, and reimbursement of costs.
• Enforces all parenting time, custody, and child support orders with equal importance; applies to orders issued on or after January 1, 2019; does not automatically change pre-2019 orders.

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