Alabama House Bill HB365

Alabama 2022 Regular Session

• Introduced: 2/16/22
• Refer: 2/16/22

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

Impact

The bill amends several sections of the Code of Alabama and mandates that all child custody cases now require the submission of a parenting plan. One significant aspect is the requirement for courts to impose additional remedies if a parent fails to adhere to the agreed parenting schedule without legitimate cause. These remedies could include adjusting visitation times, requiring the noncompliant parent to attend parenting courses, and imposing any other reasonable penalties deemed necessary. The overarching intent is to enhance the enforcement of custody and support orders, which aligns with child welfare interests.

Summary

House Bill 365, dubbed the Children's Equal Access Act, seeks to establish uniform guidelines regarding child custody arrangements in Alabama. It reinforces the existing policy that encourages frequent and continuing contact between children and both parents after divorce or separation. This bill introduces a rebuttable presumption that joint custody serves the child's best interest, which can only be overturned by substantial evidence demonstrating that such an arrangement would not be beneficial. It emphasizes that joint custody does not equate to equal physical custody but rather aims to ensure that both parents are involved in major decisions concerning their child's upbringing, including education and healthcare.

Contention

While proponents view HB 365 as a necessary legislative reform advocating for children's rights to equal time with both parents, critics express concerns over potential oversights regarding domestic and family abuse. The language of the bill clarifies that existing domestic violence provisions will not be diminished, yet apprehension remains that the emphasis on joint custody could lower protections in sensitive cases. There is also debate about how courts will assess the rebuttable presumption of joint custody and what evidence may suffice to counter it, as this could vary widely by case and ultimately affect judicial discretion.