SB382 Alabama 2021 Session

Updated Feb 26, 2026

High Interest

Summary

Primary Sponsor: Larry StuttsSenator
Republican
Co-Sponsors: Tom Butler Rodger Smitherman
Session: Regular Session 2021
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: SB382 would require parenting plans in all child custody cases, promote joint custody with a strong presumption in its favor, and add remedies for violations of time-sharing.
What This Bill Does
It updates custody definitions to emphasize joint physical custody with frequent, substantial contact and shared parenting. It creates a rebuttable presumption that joint custody is in the child's best interest, which can be overcome only with clear and convincing evidence. It requires every custody case to have a parenting plan, and lets the court establish one if the parties can’t agree. It adds remedies for noncompliance with time-sharing (make-up time, costs and attorney's fees, parenting courses, and other remedies) and requires enforcement of all parenting time, custody, and child support orders with equal importance; the act applies to orders issued on or after January 1, 2022 and is not retroactive to pre-2022 orders.

Who It Affects
Parents and guardians involved in child custody matters in Alabama: must prepare and submit a parenting plan in all cases; may receive joint custody by presumption or other custody arrangements; face remedies if they do not follow time-sharing schedules (make-up time, costs/fees, court-ordered courses, and other remedies).
Courts, attorneys, and the child-support enforcement system: must enforce all parenting time, custody, and child support orders with equal importance; can establish or approve parenting plans and impose remedies for noncompliance.

Key Provisions
Act name: Children's Equal Access Act.
30-3-150: Policy favors frequent contact with both parents after separation; joint custody does not automatically mean equal physical custody.
30-3-151: Definitions for joint custody, joint legal custody, joint physical custody, nonresident custodial parent, and parenting plan.
30-3-152: Rebuttable presumption that joint custody is in the child's best interest; factors used if joint custody is not awarded.
30-3-153: Requires parenting plans in all cases; court can establish a plan if parents cannot agree; if both parents submit the same plan, it is presumed to be in the child's best interest.
30-3-158: Remedies for noncompliance with time-sharing (make-up time, pay costs/fees, attend a court-approved parenting course, pay actual costs due to noncompliance, and other remedies).
Section 4: Courts must enforce all parenting time, custody, and child support orders with equal importance; applies to orders issued on or after January 1, 2022; not retroactive.
Effective date: Law becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Family Law