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AL SB196
Bill
AI Summary
SB196 Summary
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Establishes the Alabama Children's Family Act, declaring it public policy that children with two fit parents have constitutional rights to equal access, guidance, and nurturance from each parent, with major decisions made jointly unless one parent is proven unfit by clear and convincing evidence.
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Requires a written parenting plan in all child custody cases specifying residential parenting times for holidays, vacations, school breaks, and designating which parent has primary authority for academic, religious, civic, cultural, athletic, and medical/dental decisions.
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Mandates courts order equal parenting time with each fit parent unless one or both parents are determined unfit, or parents reach a fair agreement otherwise, with unfitness findings required in writing and supported by clear and convincing evidence.
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Establishes temporary shared legal and physical custody as the default upon filing of custody actions until judgment, allows alternating decision-making authority between parents in even and odd-numbered years, and requires courts to apply Rule 32 of Judicial Administration for child support.
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Repeals prior custody and education provisions (Sections 30-3-1 and 30-3-2) and becomes effective the first day of the third month following passage and Governor approval.
Legislative Description
Child custody, parenting plan required, requirements, shared parenting unless parent found not fit by court, appellate review, Children's Family Act, Sec. 30-3-158 added; Secs. 30-3-150 to 30-3-155, inclusive, 30-3-157 am'd.; Secs. 30-3-1, 30-3-2, repealed
Family Law
Last Action
Pending third reading on day 16 Favorable from Children, Youth Affairs, and Human Resources with 1 substitute
6/1/2011