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AL HB757
Bill
Status
4/26/2012
Primary Sponsor
Jim Patterson
Click for details
AI Summary
HB 757 Summary
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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.
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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.
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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.
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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.
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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to determine fitness, content of parenting plan, court to designate when parties can not agree, Secs. 30-3-1, 30-3-2 repealed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