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 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 make-up parenting time and reimbursement for costs and attorney's 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.
Judiciary second Amendment Offered
Judiciary first Amendment Offered
Pending third reading on day 28 Favorable from Judiciary with 2 amendments
Read for the second time and placed on the calendar 2 amendments
Read for the first time and referred to the House of Representatives committee on Judiciary
Motion to Read a Third Time and Pass adopted Roll Call 1003
Third Reading Passed
Read for the second time and placed on the calendar
Referred to Committee
Read for the first time and referred to the Senate committee on Judiciary
Source: Alabama Legislature