HB365 Alabama 2022 Session

Summary

Primary Sponsor

Kenneth PaschalRepresentative

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.

Summary

HB365 would standardize child custody by presuming joint custody, require a parenting plan in all cases, and add enforceable remedies for plan violations.

What This Bill Does

It creates a rebuttable presumption that joint custody is in the child's best interest, which can be overcome only with written findings that it is not. It requires every custody case to have a parenting plan, and if the parties can’t agree, the court will establish the plan. It defines what a parenting plan must cover, lays out factors the court can use when considering custody arrangements other than joint, and adds specific remedies (like time compensation and penalties) for noncompliance, plus enforcement of custody and child support orders. It preserves existing protections for domestic or family abuse and sets an effective date of January 1, 2023.

Who It Affects

• Parents or guardians involved in child custody matters, who must submit a parenting plan and may face court-ordered plans and remedies for noncompliance.
• Children, who are affected by the custody arrangement through the presumption of joint custody, the scheduling of time with each parent, and the various protections and requirements in the parenting plan.

Key Provisions

• Rebuttable presumption that joint custody is in the child's best interest, overrideable only by written findings that it is not.
• Requires all custody cases to have a parenting plan; court may establish a plan if the parents cannot agree.
• Defines key terms (e.g., joint legal custody, joint physical custody, nonresidential custodial parent, parenting plan).
• Specifies contents of the parenting plan (care and education, time with each parent, holidays, health care, transportation, decision-making authority, and other factors).
• Lists factors the court may consider for custody decisions other than joint custody and for establishing the parenting plan.
• Adds remedies for noncompliance with the parenting plan (time compensation, court costs/attorney fees, court-ordered parenting course, and other remedies).
• Requires courts to enforce all child custody and child support orders and clarifies enforcement across orders.
• Preserves existing abuse protections and states the act does not create a material change to orders in place before January 1, 2023.
• Effective date: 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