SB191 Summary

• Amends Alabama Code sections 30-3-150 through 30-3-153 and adds section 30-3-158 to revise child custody definitions and procedures, moving away from "sole custody/visitation" terminology to "primary physical custody" and "nonresidential custodial parent" terminology.

• Requires all child custody cases to include a parenting plan submitted by the parties separately or together, and authorizes courts to establish parenting plans when parents cannot agree.

• Establishes that when both parents request joint custody, a presumption exists that joint custody is in the child's best interest and must be granted unless the court makes specific findings to the contrary.

• Creates new remedies in §30-3-158 for parents who fail to adhere to parenting plan time-sharing schedules without proper cause, including makeup parenting time, court costs and attorney fees, mandatory parenting courses, reimbursement for actual costs incurred, and other reasonable remedies.

• Becomes effective January 1, 2018, and these new remedies are in addition to existing remedies including contempt proceedings.