SB211 Alabama 2018 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Larry StuttsSenator
Republican
Session: Regular Session 2018
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: The bill makes joint custody the starting point in child custody cases, requires a parenting plan in all cases, and strengthens enforcement and remedies for time-sharing violations.
What This Bill Does
It creates a rebuttable presumption that joint custody is in the child's best interest, with clear and convincing evidence needed to overcome it. It requires every custody case to have a parenting plan, and the court can establish one if the parties cannot agree. It adds specific remedies for noncompliance with time-sharing, such as makeup time, payment of costs and attorney fees, court-approved parenting courses, and reimbursing actual costs, while reaffirming that all custody, parenting time, and child support orders should be enforced with equal importance. The act applies to orders issued on or after January 1, 2019 and aims to protect the involvement of both parents in a child’s life.

Who It Affects
Parents and their children: the default assumption favors joint custody, with a required parenting plan and potential makeup time, costs, and educational remedies if time-sharing isn't followed.
Courts, judges, and legal professionals: must enforce custody and parenting time orders, evaluate custody plans using specified factors, and may impose remedies (including makeup time, costs, and parenting courses) when there is noncompliance.

Key Provisions
Adds a rebuttable presumption that joint custody is in the child's best interest, requiring clear and convincing evidence to overturn.
Requires a parenting plan in every custody case; court can establish a plan if the parties cannot agree.
Defines terms related to custody (joint custody, joint legal custody, joint physical custody, nonresident custodial parent, parenting plan, sole custody, etc.).
Allows joint custody to be ordered without both parents' consent if it is in the child's best interest; if both request joint custody, it should be granted unless specific findings explain why not.
If no joint custody is awarded, lists factors for determining other custody arrangements (e.g., cooperation, child’s needs, safety, distance).
For implementing joint custody, requires both parents to submit provisions covering care, time, holidays, transportation, child support, communication, and decision-making authority; court can set the plan if needed.
Adds remedies for failure to adhere to time-sharing: makeup time, costs/attorney fees, parenting course, and reimbursement of costs; these are in addition to contempt.
Courts must enforce all parenting time, custody, and child support orders with equal importance; applies to orders issued on or after January 1, 2019.
Effective date: January 1, 2019.

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