SB24 Alabama 2022 Session

Summary

Primary Sponsor

Tom Butler Senator

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. 30-3-4.2, 30-3-150, 30-3-151, 30-3-152, 30-3-153 am'd.

Description

Under existing law, a grandparent may file an action to establish visitation rights with his or her grandchild in certain circumstances.

Under existing law, there is a rebuttable presumption that a fit parent's decision not to allow visitation to a grandparent, in certain circumstances, is in the best interest of the child.

This bill would provide that in cases of the divorce or death of a parent or parents of the child, there is a rebuttable presumption that a fit grandparent's ability to exercise visitation with the child is in the best interest of the child.

This bill would provide for temporary orders granting visitation to a grandparent in instances of the divorce or death of the parent or parents, pending a final order.

This bill would prohibit courts from enforcing a grandparent visitation order issued by a court of a foreign state in certain circumstances.

This bill would revise existing definitions regarding custody to be consistent with terminology used in case law and specify that joint physical custody means frequent, substantial, and maximized contact with both parents.

This bill would specify that there is a rebuttable presumption that joint custody is in the best interest of the child.

This bill would establish factors to be considered when determining any custody arrangement that does not award joint custody.

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 require the parties to submit a parenting plan in all cases. This bill would also authorize the court to establish a parenting plan when the parties are unable to agree upon one.

This bill would also specify that it is the public policy of this state that a court with competent jurisdiction shall enforce all parenting time orders, custody orders, and child support orders giving equal importance to each.

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Subjects

Family Law