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Bill > HB333


AL HB333

AL HB333
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.


summary

Introduced
02/25/2016
In Committee
03/22/2016
Crossed Over
03/17/2016
Passed
03/01/2016
Dead
Signed/Enacted/Adopted
03/01/2016

Introduced Session

Regular Session 2016

Bill Summary

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.

AI Summary

This bill mandates that in all child custody cases, a parenting plan, which outlines the time a child will spend with each parent, must be established, and in certain situations, the court will create this plan. The bill clarifies definitions related to custody, such as "joint legal custody" (both parents sharing rights and responsibilities for major decisions about the child, with one potentially having tie-breaking authority) and "joint physical custody" (sharing physical time with the child to ensure frequent and substantial contact). It also introduces terms like "nonresidential custodial parent" (the parent with whom the child does not live most of the time) and "restricted physical custody" (limited or supervised access to a child). The legislation requires courts to consider joint custody in every case, outlining specific factors for determining what's in a child's best interest, and if joint custody isn't awarded, a comprehensive list of factors for other custody arrangements is provided. Furthermore, the bill details what a parenting plan must include, such as daily upbringing responsibilities, healthcare and school decisions, transportation, and communication methods, and allows for sample plans to be posted online. Crucially, it establishes remedies for violations of a parenting plan, including awarding makeup time with the child, ordering the noncompliant parent to pay court costs and attorney fees, requiring parenting courses, or imposing other reasonable penalties, in addition to existing legal options like contempt of court.

Committee Categories

Justice

Sponsors (1)

Last Action

Pending third reading on day 25 Favorable from Judiciary (on 04/20/2016)

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