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AL HB239
Bill
Status
3/15/2017
Primary Sponsor
Jim Hill
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AI Summary
HB239 Summary
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Revises custody definitions to align with case law terminology and eliminates the "sole physical custody with visitation rights" framework, replacing it with "primary physical custody" and "nonresidential custodial parent" concepts.
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Requires all child custody cases to include a parenting plan specifying time-sharing arrangements, care responsibilities, medical and dental care, holidays, and school determinations; previously only required for joint custody cases.
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Authorizes courts to establish parenting plans when parents cannot agree, with presumption that jointly-submitted plans are in the child's best interest unless court makes specific findings otherwise.
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Creates new remedies (§30-3-158) when a parent violates the time-sharing schedule, including makeup parenting time, court costs and attorney's fees, mandatory parenting courses, reimbursement for actual costs incurred, and other reasonable remedies in addition to contempt charges.
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Takes effect January 1, 2018.
Legislative Description
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. 30-3-150, 30-3-151, 30-3-152, 30-3-153 am'd.
Family Law
Last Action
Pending third reading on day 22 Favorable from Judiciary
4/27/2017