Alabama (Sine Die)

HB 120 (THIS IS A GOOD BUILD THAT WARRANTS SUPPORT)
Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 13 2022 - 25% progression
Action: 2022-01-13 - Read for the first time and referred to the House of Representatives committee on Judiciary
Pending: House Judiciary Committee
Text: Latest bill text (Introduced) [PDF]
Text:
1 HB120 2 216096-1 3 By Representative Ball 4 RFD: Judiciary 5 First Read: 13-JAN-22 Page 0 1 216096-1:n:01/07/2022:GP/ma LSA2021-2687 2 3 4 5 6 7 8 SYNOPSIS: Under existing law a court may consider 9 certain factors when making child custody 10 determinations. 11 This bill would allow the court to consider 12 evidence of parental alienation when making child 13 custody determinations. 14 15 A BILL 16 TO BE ENTITLED 17 AN ACT 18 19 Relating to child custody; to amend Sections 30-3-2 20 and 30-3-152, Code of Alabama 1975, to allow the court to 21 consider evidence of parental alienation in child custody 22 decisions. 23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 24 Section 1. Sections 30-3-2 and 30-3-152, Code of 25 Alabama 1975, are amended to read as follows: 26 "§30-3-2. Page 1 1 "(a) In all cases of voluntary separation of husband 2 and wife, the circuit court has power, on the motion of either 3 party, 20 days' notice thereof being given to the other, to 4 may permit either the father or mother to have the custody and 5 control of the children and to superintend and direct their 6 education, having regard to the prudence, ability, and fitness 7 of the parents, and the age and sex of the children. When 8 considering the fitness of the parents, the court may consider 9 any evidence of a parent engaging in parental alienation. For 10 the purposes of this section, the term parental alienation 11 refers to a child's experience of being manipulated by one 12 parent to turn against the other parent. 13 "(b) Upon the hearing of the motion, witnesses may 14 be examined orally or testimony may be taken as in other civil 15 actions. While the application is pending, the court may 16 direct an injunction or make any order that the safety and 17 well-being of the wife or children may require. 18 "§30-3-152. 19 "(a) The court shall in every case consider joint 20 custody but may award any form of custody which is determined 21 to be in the best interest of the child. In determining 22 whether joint custody is in the best interest of the child, 23 the court shall consider the same factors considered in 24 awarding sole legal and physical custody and all of the 25 following factors: 26 "(1) The agreement or lack of agreement of the 27 parents on joint custody. Page 2 1 "(2) The past and present ability of the parents to 2 cooperate with each other and make decisions jointly. 3 "(3) The ability of the parents to encourage the 4 sharing of love, affection, and contact between the child and 5 the other parent. 6 "(4) Any history of or potential for child abuse, 7 spouse abuse, or kidnapping, or parental alienation, as 8 defined in Section 30-3-2. 9 "(5) The geographic proximity of the parents to each 10 other as this relates to the practical considerations of joint 11 physical custody. 12 "(b) The court may order a form of joint custody 13 without the consent of both parents, when it is in the best 14 interest of the child. 15 "(c) If both parents request joint custody, the 16 presumption is that joint custody is in the best interest of 17 the child. Joint custody shall be granted in the final order 18 of the court unless the court makes specific findings as to 19 why joint custody is not granted." 20 Section 2. This act shall become effective on the 21 first day of the third month following its passage and 22 approval by the Governor, or its otherwise becoming law. Page 3