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AL HB757

Bill

Status

Introduced

4/26/2012

Primary Sponsor

Jim Patterson

Click for details

Origin

House of Representatives

Regular Session 2012

AI Summary

HB 757 Summary

  • Establishes the Alabama Children's Family Act, declaring children have a fundamental right to equal access and meaningful relationships with both parents regardless of marital status.

  • Requires a rebuttable presumption of equal parenting times between two fit parents and mandates courts enter parenting plans using the least restrictive means available to achieve equal or near-equal time.

  • Defines parental unfitness based on specific criteria including domestic violence, child abuse, willful abandonment, substance abuse, criminal convictions, and willful prevention of parent-child contact.

  • Requires all parenting plans to include detailed residential schedules, designation of decision-making authority for major decisions (education, health care, religious training), and day-to-day care provisions, with both parents submitting proposed plans within 60 days.

  • Mandates courts make written findings supporting any deviation from equal parenting times, requires four hours of co-parenting classes and therapeutic mediation in contested cases, and repeals existing Sections 30-3-1 and 30-3-2 of Alabama Code.

Legislative Description

Child custody, parenting plan required, shared time required if parents fit or unless agree otherwise, criteria to determine fitness, content of parenting plan, court to designate when parties can not agree, Secs. 30-3-1, 30-3-2 repealed

Child Custody

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

4/26/2012

Committee Referrals

Judiciary4/26/2012

Full Bill Text

No bill text available