HB365 Alabama 2022 Session

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

To amend Sections 30-3-150, 30-3-151, 30-3-152, and 30-3-153 of the Code of Alabama 1975, and to add Section 30-3-158 to the Code of Alabama 1975, relating to child custody; to clarify the policy of this state regarding child custody; to provide definitions; to provide that there is a rebuttable presumption that joint custody is in the best interest of the child, which can be overcome only by evidence; to provide 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; to establish factors for a court to consider when determining any custody arrangement other than joint custody; to require a parenting plan and to authorize the court to establish a parenting plan in child custody cases; 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 specify that a court with competent jurisdiction shall enforce all child custody and child support orders.