HB431 Alabama 2018 Session

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. Existing law also specifies 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 joint physical custody means frequent, substantial, and maximized contact with both parents in a manner in which both parents share all aspects of parenting

This bill would specify that there is a rebuttable presumption that joint custody is in the best interest of the child, and this rebuttable presumption may be overcome only by clear and convincing evidence, set forth in written findings of fact, that joint custody is not in the best interest of the child

This bill would establish factors to be considered when determining any custody arrangement that does not award joint custody

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

This bill would also specify that it is the public policy of this state that a court with competent jurisdiction shall enforce all parenting time orders, custody orders, and child support orders giving equal importance to each

To amend Sections 30-3-150, 30-3-151, 30-3-152, and 30-3-153 of the Code of Alabama 1975, and to add Section 30-3-158 to the Code of Alabama 1975, relating to child custody; to clarify the policy of this state regarding child custody; to provide definitions; to require a parenting plan and to authorize the court to establish a parenting plan in certain situations; to specify the contents of the parenting plan; to specify the factors the court may consider in establishing a parenting plan; and to specify remedies when a party fails to adhere to certain provisions in a parenting plan.