HB365 Alabama 2022 Session

Summary

Primary Sponsor

Kenneth Paschal Representative

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

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.

Additionally, 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 provide uniform guidelines for child custody determinations consistent with social science data and research regarding child lifetime success and best outcomes and revise existing definitions consistent with terminology used in case law.

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 evidence, set forth in written findings of fact, that joint custody is not in the best interest of the child.

This bill would specify that nothing in this act shall be construed to limit the domestic or family abuse provisions provided in Article 6 of Chapter 3, Title 30, Code of Alabama 1975.

This bill would establish factors for a court to consider when determining any custody arrangement other than joint custody.

This bill would require the parties to submit a parenting plan in all child custody cases and 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 schedule set forth in a parenting plan.

This bill would also specify that a court with competent jurisdiction shall enforce all child custody and child support orders.

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Subjects

Family Law