HB314 Alabama 2022 Session

Sponsors

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.

Description

<p class="bill_description"> 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</p><p class="bill_description"> This bill would remove existing code language that provides for custody of a child to be granted to a husband in cases of abandonment by the wife only after the child reaches seven years of age</p><p class="bill_description"> This bill would revise existing definitions regarding custody to be consistent with terminology used in case law</p><p class="bill_description"> Existing law requires the parties in a child custody matter to submit a parenting plan only in cases where the parties request joint custody</p><p class="bill_description"> This bill would require the parties to submit a parenting plan in all cases</p><p class="bill_description"> This bill would authorize the court to establish a parenting plan when the parties are unable to agree upon one</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would also set requirements for the modification of physical custody in certain circumstances</p><p class="bill_entitled_an_act"> To amend Sections 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, and 30-3-157 of the Code of Alabama 1975, and to add Section 30-3-158 to the Code of Alabama 1975, relating to child custody; to remove existing code language that provides for custody of a child to be granted to a husband in cases of abandonment by the wife only after the child reaches seven years of age; to clarify the policy of this state regarding child custody; to provide further for 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; to specify remedies when a party fails to adhere to certain provisions in a parenting plan, and to set requirements for the modification of physical custody in certain circumstances. </p>

Subjects

Family Law