HB314 Alabama 2022 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

Regular Session 2022

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. 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, 30-3-157 am'd.

Summary

HB314 changes child custody rules by requiring a parenting plan in all cases, letting the court set a plan if needed, and adding emergency procedures and stronger time-sharing remedies while removing a prior abandonment-based custody rule.

What This Bill Does

It requires all custody cases to have a parenting plan, and the court can establish one if the parties cannot agree, detailing the care, education, medical care, holidays, transportation, and decision-making responsibilities. It removes a prior rule that gave custody to a husband after abandonment by the wife after seven years, and custody decisions will be made based on the child's best interests and standard factors. It adds a Tate Amendment emergency provision, requiring a preliminary emergency custody hearing within 72 hours for health, welfare, or safety risks, with virtual options and potential attorney’s fee penalties for improper emergency filings. It strengthens enforcement of time-sharing by allowing makeup time, order of costs and attorney fees, parenting courses, and other remedies, and it outlines modification standards for physical custody in certain circumstances.

Who It Affects

• Divorced or separated parents involved in custody decisions who must create a parenting plan in all cases and may have a court establish a plan if they cannot agree.
• Children involved in custody cases, who are intended to have frequent and continuing contact with both parents and whose safety and well-being are the focus of the plan and custody decisions.

Key Provisions

• Requires a parenting plan in every custody case; the court may establish the plan if the parents cannot reach an agreement; plan contents cover care and education, medical/dental care, holidays and vacations, transportation, communication, and primary decision-making authority if parents disagree.
• Deletes the rule that custody must go to the husband after the wife abandons him, after the child reaches seven years old, and emphasizes that custody decisions are based on the child's best interests and statutory factors.
• Adds Section 30-3-152.1 (Tate Amendment): allows a preliminary emergency hearing within 72 hours for health, welfare, or safety risks, with possible virtual hearing, court reporting requirements, and potential attorney’s fees for improper emergency filings.
• Adds Section 30-3-158: creates remedies for noncompliance with time-sharing (makeup time, payment of court costs and attorney fees, attendance at court-approved parenting courses, and other remedies) in addition to existing options such as contempt.
• Sets modification standards for physical custody (requires showing a material change and that the custody change would best promote the child’s interests).
• Applies to custody orders entered on or after January 1, 2023; effective January 1, 2023.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law