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AL HB524
Bill
Status
6/1/2023
Primary Sponsor
Kenneth Paschal
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AI Summary
HB524 Summary
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Creates a rebuttable presumption that joint custody is in the best interest of the child, which can only be overcome by preponderance of the evidence with written findings of fact.
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Requires courts to document reasons for deviating from joint custody and establish a parenting plan that maximizes time each parent has with the child.
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Defines "frequent and substantial contact" in joint physical custody to mean equal or approximately equal time with both parents.
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Requires all parents to submit a parenting plan in every custody case; if parents cannot agree, the court shall establish one.
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Establishes remedies for parental non-compliance with time-sharing schedules, including makeup parenting time, court costs, attorney fees, and mandatory parenting courses.
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Allows parents to file a motion for temporary relief if they believe joint custody is not in the child's best interest; courts must expedite these motions and may sanction parties filing unsupported or bad faith motions.
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Removes obsolete language granting custody to husbands after age seven in cases of wife abandonment.
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Becomes effective January 1, 2024.
Legislative Description
Relating to child custody; to amend Sections 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, and 30-3-157 of the Code of Alabama 1975, and to add Section 30-3-158 to the Code of Alabama 1975, relating to child custody; to remove existing code language that provides for custody of a child to be granted to a husband in cases of abandonment by the wife only after the child reaches seven years of age; to provide further for the policy of this state regarding child custody; to provide further for definitions; to provide that there is a rebuttable presumption that joint custody is in the best interest of the child, which can be overcome only by evidence; to establish factors for a court to consider when determining any custody arrangement other than joint custody; to require a parenting plan and to authorize the court to establish a parenting plan in certain situations; to specify remedies when a party fails to adhere to certain provisions in a parenting plan; to set requirements for the modification of physical custody in certain circumstances; to allow a parent to file a petition for temporary relief if he or she believes joint custody is not in the best interest of the child; to provide certain remedies if an unsupported or bad faith petition for temporary relief is filed; and to provide that nothing in this act shall be construed to limit domestic or family abuse provisions of the law.
Last Action
Introduced and Referred to House Judiciary
6/1/2023