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AL SB382

Bill

Status

Engrossed

4/15/2021

Primary Sponsor

Larry Stutts

Click for details

Origin

Senate

Regular Session 2021

AI Summary

SB382 - Children's Equal Access Act

  • Establishes rebuttable presumption that joint custody is in the best interest of the child, overcome only by clear and convincing evidence that joint custody is not in the child's best interest.

  • Requires parenting plans in all custody cases (previously only for joint custody requests) specifying time-sharing schedules, healthcare, education, holidays, child support, and transportation arrangements.

  • Authorizes courts to establish parenting plans when parents cannot agree and creates remedies for parental non-compliance including make-up parenting time, attorney's fees reimbursement, court-ordered parenting courses, and cost reimbursement.

  • Defines joint physical custody as frequent, substantial, and maximized contact with both parents in a manner where both parents share all aspects of parenting, clarifying it does not necessarily mean equal time.

  • Applies to custody and parenting time orders issued on or after January 1, 2022, with an effective date of the first day of the third month following passage and gubernatorial approval.

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

Judiciary second Amendment Offered

4/29/2021

Committee Referrals

Judiciary4/15/2021
Judiciary4/1/2021

Full Bill Text

No bill text available