SB24 Alabama 2022 Session

Summary

Primary Sponsor

Tom ButlerSenator

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.

Summary

SB24 would require parenting plans in all custody cases, strengthen the joint custody presumption, expand grandparent visitation rules, and add enforcement remedies for noncompliance.

What This Bill Does

If enacted, the bill requires every custody case to have a parenting plan, with the court able to establish one if the parties cannot agree. It creates a rebuttable presumption that joint custody is in the child's best interest and defines joint custody as frequent, substantial, and maximized contact with both parents. It adds a presumption favoring a fit grandparent's visitation in certain divorce or death scenarios and allows temporary visitation orders while a final order is pending; it also restricts enforcing foreign-state grandparent visitation orders. The bill emphasizes enforcing parenting time, custody, and child support orders with equal importance and introduces remedies for noncompliance, including make-up time, cost payments, and mandatory parenting courses.

Who It Affects

• Parents and guardians involved in custody disputes who must prepare and submit a parenting plan in all cases and may have a court-ordered plan if they cannot agree, affecting how time and decisions are shared.
• Grandparents and other relatives seeking visitation who may benefit from new presumptions for visitation in certain family changes (like divorce or death) and must navigate temporary visitation options and restrictions on enforcing foreign-state visitation orders.

Key Provisions

• Mandatory parenting plan in all custody cases; court may establish a plan if the parties cannot agree.
• Joint custody presumption: joint legal and/or physical custody is favored; defines joint custody as frequent, substantial, and maximized contact with both parents; allows court-ordered joint custody even without both parents' consent if in the child’s best interest; outlines factors if joint custody is not awarded.
• Parenting plan contents: plan must cover care, education, medical care, holidays, transportation, child support, and decision-making, plus methods of communication and other relevant matters; court can set the plan if needed.
• Grandparent visitation: creates a rebuttable presumption in favor of a fit grandparent's visitation under certain circumstances (e.g., divorce, death, paternity/custody actions, prolonged parental support gaps, or prior custody) and allows temporary (pendente lite) visitation orders; restricts enforcement of foreign state visitation orders unless specific findings are met.
• Enforcement remedies: new Section 30-3-158 allows make-up time for denied time sharing, ordering payment of court costs/attorney fees, requiring attendance at a court-approved parenting course, and other remedies in addition to contempt.
• Public policy and timing: courts must enforce all parenting time, custody, and child support orders with equal importance; applies to orders issued on or after January 1, 2023; severability and related provisions included.

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