Alabama House Bill HB314

Alabama 2022 Regular Session

• Introduced: 2/8/22
• Refer: 2/8/22
• Engrossed: 3/31/22
• Refer: 4/5/22

Caption

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. 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, 30-3-157 am'd.

Impact

The passage of HB314 is intended to create a more structured and unified approach to child custody decisions across Alabama. The bill mandates that all parents must submit a detailed parenting plan concerning their children's care and welfare, which includes provisions on education, health care, and visitation. It also specifies the best interests of the child as a guiding principle for custody decisions, potentially impacting how courts evaluate custody arrangements moving forward. This indicates a shift towards a more child-focused legal framework in custody cases.

Summary

House Bill 314 amends several sections of the Code of Alabama relating to child custody and introduces requirements for a parenting plan in all custody cases. The bill seeks to clarify the state's policies regarding child custody arrangements, especially in instances of joint custody and noncompliance with established parenting plans. Specifically, it removes provisions that grant custody based on abandonment criteria and requires the court to establish a parenting plan to ensure the child's best interests.

Sentiment

The general sentiment surrounding HB314 appears to be supportive among advocates for child welfare, emphasizing that structured parenting plans can lead to better outcomes for children post-divorce. However, there may be concerns from some parents about the implications of mandatory parenting plans and how flexibility may be affected in individual cases. Overall, the bill is seen as a progressive step towards addressing the complexities of custody arrangements in contemporary families.

Contention

Notable points of contention include the removal of traditional frameworks for granting custody based solely on abandonment, which may face criticism from those who argue it could simplify serious concerns like parental neglect or abuse. Additionally, while some see the bill as a necessary modernization of Alabama's custody laws, others express apprehension about the mandatory nature of parenting plans and the consequences for noncompliance, such as potential legal repercussions including attorney's fees and additional oversight by the court.