If you want a fair trial, move to Baldwin County before you file for divorce or custody!!!! They automatically award Joint Custody in most cases!!!!!
Tuesday, April 22, 2014
Rosemary Chambers & Molly Sullivan - CORRUPTION at its finest!!!!
Need a corrupt lawyer??? A corrupt Judge? A corrupt system? I would know, I worked in this system, at this courthouse!!!! They are ALL the same and until people stand together and unite as one, this will never change!!! It is time to replace these Judges that have corrupted our system and ruined the lives of thousands and thousands of innocent children.
Tuesday, December 17, 2013
Tell Congress to LIMIT Family Law Judges terms to 2 years to stop corruption!!!!!
https://www.change.org/petitions/alabama-congress-limit-a-family-domestic-court-judges-term-to-2-years-max-to-stop-corruption
https://www.change.org/petitions/alabama-congress-limit-a-family-domestic-court-judges-term-to-2-years-max-to-stop-corruption
Monday, October 7, 2013
Rosemary Chambers
This Judge and so called woman defines CORRUPTION at its finest! Until she is removed from the bench and laws are changed to prevent such corruption she will continue to destroy the lives of innocent children! Don't worry, she sleeps just fine at night. She completely disregards the law and rulings and statutes of previous Judges and Appellant Courts! I hate to bare bad news, but everything that I have said is true! I guess that 100k+ a year makes it easy for her to sit there and visibly not listen, make a ruling that screws your kids and forget about it the minute she walks behind those doors! She only has about 10 more years on the bench before she gets her full retirement of 100k. Don't cha love it. Civil servants making that kind of money and on top of that she isn't even doing her job!!!!
The best way to combat this is for us to come together and ask the Senate to limit the time that a domestic Judge can serve so that corruption is minimized! Come together with me and lets fight this!!!
The best way to combat this is for us to come together and ask the Senate to limit the time that a domestic Judge can serve so that corruption is minimized! Come together with me and lets fight this!!!
Tuesday, February 12, 2013
Rosemary Chambers/Molly Sullivan/Corruption/Joint Custody
If you are in a situation where you feel that you have been wronged in your custody case by our CORRUPT legal system, please let me know.
Rosemary Chambers/Corruption/Equal Parenting
Senate BILL 196 - EQUAL PARENTING/TIME ~ PASS THIS ON AND CONTACT YOUR LOCAL CONGRESS AND OUR GOVENOR!!!!
1 129391-2 : n : 04/13/2011 : BUSSMAN / lsm
2
3 SENATE CY & HR COMMITTEE SUBSTITUTE FOR SB196
4
5
6
7
8 SYNOPSIS: Under existing law, there is a presumption
9 that joint custody is in the best interest of the
10 child when each parent requests it in a divorce or
11 other proceeding involving child custody, but as a
12 matter of practice, each parent may not share
13 equally in the rearing of the child when joint
14 custody of a child is ordered by a court.
15 This bill would state the intent of the
16 Legislature to make Alabama law regarding child
17 custody and support consistent with current social
18 science data and federal welfare reform laws, to
19 safeguard due process, equal protection, and
20 liberty interest rights found in the U.S.
21 Constitution and the Alabama Constitution, and to
22 ensure that Alabama children have freedom of
23 association with each of the two fit parents.
24 This bill would require a parenting plan in
25 every case involving the custody of a child. This
26 bill would require the plan to contain certain
Page 1
1 provisions including a designation of which parent
2 may exercise primary authority in making
3 childrearing decisions regarding custody of a child
4 at designated times.
5 This bill would require the court to order
6 equal parenting time with each of the two fit
7 parents unless one or both parents is determined to
8 be unfit, or absent a fair agreement between the
9 parents not to adopt an equal parenting time
10 arrangement.
11 This bill would require a finding by a court
12 that a parent is unfit to be made in writing and
13 supported by clear and convincing evidence.
14
15 A BILL
16 TO BE ENTITLED
17 AN ACT
18
19 Relating to child custody; to amend Sections
20 30-3-150 to 30-3-155, inclusive, and 30-3-157, Code of Alabama
21 1975, to require a parenting plan in all cases involving
22 custody of a child; to provide requirements for parenting
23 plans; to provide requirements for a finding by a court that a
24 parent is unfit; to require written findings; to provide for
25 exercise of primary parental decision-making authority by a
26 parent pursuant to a parenting plan; to provide standards for
Page 2
1 appellate review of custody and support determinations; to add
2 Section 30-3-158 to the Code of Alabama 1975; and to repeal
3 Sections 30-3-1 and 30-3-2, Code of Alabama 1975.
4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
5 Section 1. Sections 30-3-150 to 30-3-155, inclusive,
6 and Section 30-3-157, Code of Alabama 1975, are amended to
7 read as follows:
8 "§30-3-150.
9 "Joint Custody. - It is the policy of this state to
10 assure that minor children have frequent and continuing
11 contact with parents who have shown the ability to act in the
12 best interest of their children and to encourage parents to
13 share in the rights and responsibilities of rearing their
14 children after the parents have separated or dissolved their
15 marriage. Joint custody does not necessarily mean equal
16 physical custody.
17 "(a) This article shall be known and may be cited as
18 the Alabama Children's Family Act.
19 "(b) The Legislature finds that it is the public
20 policy of this state that children with two fit parents have
21 liberty interest rights protected by the U.S. Constitution and
22 the Alabama Constitution and each child shall have a
23 fundamental right to freedom of association and equal access
24 with each of the two fit parents and the respective families,
25 the right to be guided and nurtured by each fit parent, the
26 right to have major decisions made by the application of the
Page 3
1 wisdom, judgment, and experience of each fit parent regardless
2 of marital status. Each of the two fit parents and each child
3 have a fundamental constitutional right to a parent-child
4 relationship unless one or both parents is proven unfit by
5 clear and convincing evidence. A divorce from a spouse is not
6 a divorce from the child. Likewise, if unwed parents separate
7 from each other that is not a separation from parent and
8 child. Therefore, there is a fundamental importance of the
9 parent-child relationship to the welfare of the child to each
10 fit parent with the child, and the relationship between a
11 child and each fit parent. Any parental decision, unless
12 clearly harmful to the child, should be a parental
13 determination made by each of the two fit parents.
14 "§30-3-151.
15 "For the purposes of this article the following
16 words shall have the following meanings:
17 "(1) JOINT CUSTODY. Joint legal custody and joint
18 physical custody.
19 "(2) JOINT LEGAL CUSTODY. Both parents have equal
20 rights and responsibilities for major decisions concerning the
21 child, including, but not limited to, the education of the
22 child, health care, and religious training. The court may
23 designate one parent to have sole power to make certain
24 decisions while both parents retain equal rights and
25 responsibilities for other decisions.
Page 4
1 "(3) JOINT PHYSICAL CUSTODY. Physical custody is
2 shared by the parents in a way that assures the child frequent
3 and substantial contact with each parent. Joint physical
4 custody does not necessarily mean physical custody of equal
5 durations of time.
6 "(4) SOLE LEGAL CUSTODY. One parent has sole rights
7 and responsibilities to make major decisions concerning the
8 child, including, but not limited to, the education of the
9 child, health care, and religious training.
10 "(5) SOLE PHYSICAL CUSTODY. One parent has sole
11 physical custody and the other parent has rights of visitation
12 except as otherwise provided by the court.
13 "(1) PARENTING PLAN. A written plan outlining
14 parenting responsibilities regarding major decisions that
15 concern a child and each of the two fit parents. The parenting
16 plan shall set out residential parenting times including, but
17 not limited to, residential times for major holidays,
18 birthdays, summer vacation, fall school break, spring school
19 break, and the like.
20 "(2) PARENTAL UNFITNESS. A parent who fails to
21 properly care for his or her child and maintain the emotional
22 health and overall well-being of the child in such a manner
23 the failure will seriously harm the child pursuant to Section
24 26-14-1 and Sections 26-15-1 to 26-15-4, inclusive.
Page 5
1 "(3) RESIDENTIAL PARENTING TIME. The allotment of
2 time a child spends in the physical custody and control of a
3 parent.
4 "(4) SHARED LEGAL CUSTODY. A child custody
5 arrangement where each of the two fit parents, unless they
6 have, by fair agreement, with knowledge of legal ramifications
7 of the decision, agreed otherwise, have equal rights and
8 responsibilities for major decisions concerning the child,
9 including, but not limited to, selecting residential parenting
10 times, the education of the child, health care, religious
11 training, and extracurricular activities.
12 "(5) SHARED PHYSICAL CUSTODY. A child custody
13 arrangement where each of the two fit parents have equal
14 physical custody, unless the parents, by fair agreement, with
15 knowledge of legal ramifications of the decision, have agreed
16 otherwise.
17 "(6) SOLE LEGAL CUSTODY. A child custody arrangement
18 where one parent has sole rights and responsibilities to make
19 major decisions concerning the child, including, but not
20 limited to, the education, health care, and religious training
21 of the child. This parent has primary physical custody and the
22 other parent has rights to parenting time as determined by the
23 court. This custody arrangement shall be limited to situations
24 where one parent has been proven unfit or by agreement of the
25 parties where the parents have made such agreement with
Page 6
1 complete knowledge of the legal ramifications for making such
2 agreement.
3 "§30-3-152.
4 "(a) The court shall in every case consider joint
5 custody but may award any form of custody which is determined
6 to be in the best interest of the child. In determining
7 whether joint custody is in the best interest of the child,
8 the court shall consider the same factors considered in
9 awarding sole legal and physical custody and all of the
10 following factors:
11 "(1) The agreement or lack of agreement of the
12 parents on joint custody.
13 "(2) The past and present ability of the parents to
14 cooperate with each other and make decisions jointly.
15 "(3) The ability of the parents to encourage the
16 sharing of love, affection, and contact between the child and
17 the other parent.
18 "(4) Any history of or potential for child abuse,
19 spouse abuse, or kidnapping.
20 "(5) The geographic proximity of the parents to each
21 other as this relates to the practical considerations of joint
22 physical custody.
23 "(b) The court may order a form of joint custody
24 without the consent of both parents, when it is in the best
25 interest of the child.
Page 7
1 "(c) If both parents request joint custody, the
2 presumption is that joint custody is in the best interest of
3 the child. Joint custody shall be granted in the final order
4 of the court unless the court makes specific findings as to
5 why joint custody is not granted.
6 "The Legislature finds that this article is
7 consistent with liberty interest rights and equality mandated
8 by the United States Constitution. In every petition filing
9 for divorce or for a child custody determination where the
10 divorcing or never married parents have minor children, and in
11 every filing for a child custody modification, absent a legal
12 finding by the court of parental unfitness by clear and
13 convincing evidence, or absent a fair agreement between each
14 of the two fit parents, with complete knowledge of the legal
15 ramifications of the decision, in all contested cases the
16 court shall ensure that:
17 "(1) In making an order or judgment relative to the
18 care of a child, the parental rights of each of the two fit
19 parents shall be held to be equal.
20 "(2) In making an order or judgment relative to
21 parenting time of a child, the residential parenting time
22 shall be held to be equal.
23 "(3) Upon the filing of an action in accordance with
24 this article and until a judgment on the merits is rendered,
25 the parents have temporary shared legal custody and temporary
26 shared physical custody of any minor child. Notwithstanding
Page 8
1 the foregoing, the court may enter an order for temporary sole
2 legal custody, physical custody, or both, to one parent if
3 each parent, by fair agreement, with complete knowledge of the
4 legal ramifications of the decision, agree or, following an
5 evidentiary hearing, the court finds, that one parent is unfit
6 for shared custody consistent with this article, and written
7 findings are made accordingly.
8 "(4) In every case when making a determination of
9 parental unfitness, by clear and convincing evidence, enter an
10 order with written findings of fact.
11 "§30-3-153.
12 "(a) In order to implement joint custody, the court
13 shall require the parents to submit, Each parent, as part of
14 their agreement, shall create a parenting plan with provisions
15 covering matters relevant to the care and custody of the
16 child, including, but not limited to, all of the following:
17 "(1) The care and education of the child.
18 "(2) The medical and dental care of the child.
19 "(3) Holidays and vacations.
20 "(4) Child support.
21 "(5) Other necessary factors that affect the
22 physical or emotional health and well-being of the child.
23 "(6) Designating the parent possessing primary
24 authority and responsibility regarding involvement of the
25 minor child in academic, religious, civic, cultural, athletic,
26 and other activities, and in medical and dental care if the
Page 9
1 parents are unable to agree on these decisions. The exercise
2 of this primary authority is not intended to negate the
3 responsibility of the parties to notify and communicate with
4 each other as provided in this article.
5 "(b) If the parties are unable to reach an agreement
6 as to the provisions in subsection (a), the court shall set
7 the plan.
8 "(1) A residential parenting time schedule.
9 "(2) Designating which parent may exercise primary
10 authority and responsibility regarding involvement of the
11 minor child in academic, religious, civic, cultural, athletic,
12 and other activities, and medical and dental care.
13 "(3) Stipulating that in case of emergencies the
14 exercise of primary parental decision making authority shall
15 be with the parent who has the child in his or her physical
16 care at that given time.
17 "(4) Providing that in case of disagreement after
18 implementation of the parenting plan regarding other
19 extracurricular activities, such as, but not limited to,
20 athletics, civic, cultural, dance, cheerleading and band, the
21 father shall have primary parental decision making authority
22 in even years, and the mother shall have primary parental
23 decision making authority in odd years. Primary parental
24 decision making authority is not intended to negate the
25 responsibility of the parties to notify and communicate with
26 each other as provided in this article.
Page 10
1 "(5) Birthdays, holidays, and vacations.
2 "§30-3-154.
3 "(a) Unless otherwise prohibited by court order or
4 statute, all records and information pertaining to the child,
5 including, but not limited to, medical, physiological, dental,
6 scholastic, athletic, extracurricular, and law enforcement,
7 shall be equally available to both parents, in all types of
8 custody arrangements.
9 "(b) Either parent may request, in writing, that a
10 copy of the child's report card, notice of school attendance,
11 names of teachers, class schedules, standardized test scores,
12 and any other records customarily available to parents be
13 furnished directly to the parent making the request. The
14 request shall be accompanied by the parent's or parents'
15 current mailing address, and the local board of education or
16 other authority shall send a copy of the report card, notice
17 of school attendance, names of teachers, class schedules,
18 standardized test scores, and any other records customarily
19 available within 20 business days of the written request of
20 the parent.
21 "(c) A court upon proven findings by clear and
22 convincing evidence that a parent is unfit may deny any
23 information concerning the residence of the child to the
24 noncustodial or nonresident parent.
25 "§30-3-155.
Page 11
1 "In making a determination of child support, the
2 court shall apply Rule 32 of the Alabama Rules of Judicial
3 Administration.
4 "All courts issuing judgments, orders, or opinions,
5 whether temporary or final, shall list written findings of
6 fact and a statement of law to support the decision.
7 "§30-3-157.
8 "This article shall not be construed as grounds for
9 modification of an existing order. This article shall not be
10 construed as affecting the standard applicable to a subsequent
11 modification.
12 "(a) If the court finds competent, material, and
13 relevant evidence that one parent has committed an act of
14 domestic violence against the other parent pursuant to
15 Sections 30-3-130 to 30-3-135, inclusive, the court may enter
16 a finding of parental unfitness. All orders by the court of
17 domestic violence shall include written findings of fact and
18 conclusion of law.
19 "(b) If the court finds from clear and convincing
20 evidence, competent, material, and relevant in nature, that
21 the parent of a child is unable or unwilling to discharge his
22 or her responsibilities to and for the child, or that the
23 conduct or condition of the parent renders him or her unable
24 to properly care for the child and that the conduct or
25 condition is unlikely to change in the foreseeable future, it
26 may limit child custody solely to one parent. In determining
Page 12
1 whether or not the parent is unable or unwilling to discharge
2 his or her responsibilities to and for the child the court
3 shall consider all of the following factors:
4 "(1) That the parent has abandoned the child;
5 provided that in these cases, proof shall not be required of
6 reasonable efforts to prevent removal or reunite the child
7 with the parent.
8 "(2) Emotional illness, metal illness, or mental
9 deficiency of the parent, or excessive use of alcohol or
10 controlled substances, of a duration or nature as to render
11 the parent unable to care for the needs of the child.
12 "(3) That the parent has tortured, abused, cruelly
13 beaten, or otherwise maltreated the child or the other parent,
14 or attempted to torture, abuse, cruelly beat, or otherwise
15 maltreat the child or the other parent is in clear and present
16 danger of being thus tortured, abused, cruelly beaten, or
17 otherwise maltreated.
18 "(4) Conviction of and imprisonment for a felony.
19 "(5) Unexplained serious physical injury to the
20 child under those circumstances as would indicate that the
21 injuries resulted from the intentional conduct or willful
22 neglect of the parent.
23 "(6) Failure by the parent to maintain consistent
24 parenting time with the child in accordance with the parenting
25 plan, and agreed to by the parent.
Page 13
1 "(7) Failure by the parent to maintain consistent
2 contact or communication with the child provided there has
3 been no interference of contact or communication by the other
4 parent.
5 "(8) If either parent willfully prevents the child
6 from having freedom of association with the other parent,
7 without just cause, there shall be a rebuttable presumption
8 the parent denying such freedom of association is unfit for
9 joint custody and the non-offending parent shall have sole
10 custody of the child.
11 "(9) Lack of effort by the parent to adjust his or
12 her circumstances to meet the needs of the child in accordance
13 with the parenting plan."
14 Section 2. Section 30-3-158 is added to the Code of
15 Alabama 1975, to read as follows:
16 §30-3-158.
17 This article shall apply in initial divorce filings,
18 all child custody filings, and in any filing seeking
19 modification of an existing child custody order. This article
20 shall be construed as affecting the standard applicable to a
21 subsequent modification.
22 Section 3. Section 30-3-1 of the Code of Alabama
23 1975, providing for custody and education of children upon
24 grant of divorce, and Section 30-3-2 of the Code of Alabama
25 1975, providing for custody and education upon voluntary
26 separation, are repealed.
Page 14
1 Section 4. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
Page 15
1 129391-2 : n : 04/13/2011 : BUSSMAN / lsm
2
3 SENATE CY & HR COMMITTEE SUBSTITUTE FOR SB196
4
5
6
7
8 SYNOPSIS: Under existing law, there is a presumption
9 that joint custody is in the best interest of the
10 child when each parent requests it in a divorce or
11 other proceeding involving child custody, but as a
12 matter of practice, each parent may not share
13 equally in the rearing of the child when joint
14 custody of a child is ordered by a court.
15 This bill would state the intent of the
16 Legislature to make Alabama law regarding child
17 custody and support consistent with current social
18 science data and federal welfare reform laws, to
19 safeguard due process, equal protection, and
20 liberty interest rights found in the U.S.
21 Constitution and the Alabama Constitution, and to
22 ensure that Alabama children have freedom of
23 association with each of the two fit parents.
24 This bill would require a parenting plan in
25 every case involving the custody of a child. This
26 bill would require the plan to contain certain
Page 1
1 provisions including a designation of which parent
2 may exercise primary authority in making
3 childrearing decisions regarding custody of a child
4 at designated times.
5 This bill would require the court to order
6 equal parenting time with each of the two fit
7 parents unless one or both parents is determined to
8 be unfit, or absent a fair agreement between the
9 parents not to adopt an equal parenting time
10 arrangement.
11 This bill would require a finding by a court
12 that a parent is unfit to be made in writing and
13 supported by clear and convincing evidence.
14
15 A BILL
16 TO BE ENTITLED
17 AN ACT
18
19 Relating to child custody; to amend Sections
20 30-3-150 to 30-3-155, inclusive, and 30-3-157, Code of Alabama
21 1975, to require a parenting plan in all cases involving
22 custody of a child; to provide requirements for parenting
23 plans; to provide requirements for a finding by a court that a
24 parent is unfit; to require written findings; to provide for
25 exercise of primary parental decision-making authority by a
26 parent pursuant to a parenting plan; to provide standards for
Page 2
1 appellate review of custody and support determinations; to add
2 Section 30-3-158 to the Code of Alabama 1975; and to repeal
3 Sections 30-3-1 and 30-3-2, Code of Alabama 1975.
4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
5 Section 1. Sections 30-3-150 to 30-3-155, inclusive,
6 and Section 30-3-157, Code of Alabama 1975, are amended to
7 read as follows:
8 "§30-3-150.
9 "Joint Custody. - It is the policy of this state to
10 assure that minor children have frequent and continuing
11 contact with parents who have shown the ability to act in the
12 best interest of their children and to encourage parents to
13 share in the rights and responsibilities of rearing their
14 children after the parents have separated or dissolved their
15 marriage. Joint custody does not necessarily mean equal
16 physical custody.
17 "(a) This article shall be known and may be cited as
18 the Alabama Children's Family Act.
19 "(b) The Legislature finds that it is the public
20 policy of this state that children with two fit parents have
21 liberty interest rights protected by the U.S. Constitution and
22 the Alabama Constitution and each child shall have a
23 fundamental right to freedom of association and equal access
24 with each of the two fit parents and the respective families,
25 the right to be guided and nurtured by each fit parent, the
26 right to have major decisions made by the application of the
Page 3
1 wisdom, judgment, and experience of each fit parent regardless
2 of marital status. Each of the two fit parents and each child
3 have a fundamental constitutional right to a parent-child
4 relationship unless one or both parents is proven unfit by
5 clear and convincing evidence. A divorce from a spouse is not
6 a divorce from the child. Likewise, if unwed parents separate
7 from each other that is not a separation from parent and
8 child. Therefore, there is a fundamental importance of the
9 parent-child relationship to the welfare of the child to each
10 fit parent with the child, and the relationship between a
11 child and each fit parent. Any parental decision, unless
12 clearly harmful to the child, should be a parental
13 determination made by each of the two fit parents.
14 "§30-3-151.
15 "For the purposes of this article the following
16 words shall have the following meanings:
17 "(1) JOINT CUSTODY. Joint legal custody and joint
18 physical custody.
19 "(2) JOINT LEGAL CUSTODY. Both parents have equal
20 rights and responsibilities for major decisions concerning the
21 child, including, but not limited to, the education of the
22 child, health care, and religious training. The court may
23 designate one parent to have sole power to make certain
24 decisions while both parents retain equal rights and
25 responsibilities for other decisions.
Page 4
1 "(3) JOINT PHYSICAL CUSTODY. Physical custody is
2 shared by the parents in a way that assures the child frequent
3 and substantial contact with each parent. Joint physical
4 custody does not necessarily mean physical custody of equal
5 durations of time.
6 "(4) SOLE LEGAL CUSTODY. One parent has sole rights
7 and responsibilities to make major decisions concerning the
8 child, including, but not limited to, the education of the
9 child, health care, and religious training.
10 "(5) SOLE PHYSICAL CUSTODY. One parent has sole
11 physical custody and the other parent has rights of visitation
12 except as otherwise provided by the court.
13 "(1) PARENTING PLAN. A written plan outlining
14 parenting responsibilities regarding major decisions that
15 concern a child and each of the two fit parents. The parenting
16 plan shall set out residential parenting times including, but
17 not limited to, residential times for major holidays,
18 birthdays, summer vacation, fall school break, spring school
19 break, and the like.
20 "(2) PARENTAL UNFITNESS. A parent who fails to
21 properly care for his or her child and maintain the emotional
22 health and overall well-being of the child in such a manner
23 the failure will seriously harm the child pursuant to Section
24 26-14-1 and Sections 26-15-1 to 26-15-4, inclusive.
Page 5
1 "(3) RESIDENTIAL PARENTING TIME. The allotment of
2 time a child spends in the physical custody and control of a
3 parent.
4 "(4) SHARED LEGAL CUSTODY. A child custody
5 arrangement where each of the two fit parents, unless they
6 have, by fair agreement, with knowledge of legal ramifications
7 of the decision, agreed otherwise, have equal rights and
8 responsibilities for major decisions concerning the child,
9 including, but not limited to, selecting residential parenting
10 times, the education of the child, health care, religious
11 training, and extracurricular activities.
12 "(5) SHARED PHYSICAL CUSTODY. A child custody
13 arrangement where each of the two fit parents have equal
14 physical custody, unless the parents, by fair agreement, with
15 knowledge of legal ramifications of the decision, have agreed
16 otherwise.
17 "(6) SOLE LEGAL CUSTODY. A child custody arrangement
18 where one parent has sole rights and responsibilities to make
19 major decisions concerning the child, including, but not
20 limited to, the education, health care, and religious training
21 of the child. This parent has primary physical custody and the
22 other parent has rights to parenting time as determined by the
23 court. This custody arrangement shall be limited to situations
24 where one parent has been proven unfit or by agreement of the
25 parties where the parents have made such agreement with
Page 6
1 complete knowledge of the legal ramifications for making such
2 agreement.
3 "§30-3-152.
4 "(a) The court shall in every case consider joint
5 custody but may award any form of custody which is determined
6 to be in the best interest of the child. In determining
7 whether joint custody is in the best interest of the child,
8 the court shall consider the same factors considered in
9 awarding sole legal and physical custody and all of the
10 following factors:
11 "(1) The agreement or lack of agreement of the
12 parents on joint custody.
13 "(2) The past and present ability of the parents to
14 cooperate with each other and make decisions jointly.
15 "(3) The ability of the parents to encourage the
16 sharing of love, affection, and contact between the child and
17 the other parent.
18 "(4) Any history of or potential for child abuse,
19 spouse abuse, or kidnapping.
20 "(5) The geographic proximity of the parents to each
21 other as this relates to the practical considerations of joint
22 physical custody.
23 "(b) The court may order a form of joint custody
24 without the consent of both parents, when it is in the best
25 interest of the child.
Page 7
1 "(c) If both parents request joint custody, the
2 presumption is that joint custody is in the best interest of
3 the child. Joint custody shall be granted in the final order
4 of the court unless the court makes specific findings as to
5 why joint custody is not granted.
6 "The Legislature finds that this article is
7 consistent with liberty interest rights and equality mandated
8 by the United States Constitution. In every petition filing
9 for divorce or for a child custody determination where the
10 divorcing or never married parents have minor children, and in
11 every filing for a child custody modification, absent a legal
12 finding by the court of parental unfitness by clear and
13 convincing evidence, or absent a fair agreement between each
14 of the two fit parents, with complete knowledge of the legal
15 ramifications of the decision, in all contested cases the
16 court shall ensure that:
17 "(1) In making an order or judgment relative to the
18 care of a child, the parental rights of each of the two fit
19 parents shall be held to be equal.
20 "(2) In making an order or judgment relative to
21 parenting time of a child, the residential parenting time
22 shall be held to be equal.
23 "(3) Upon the filing of an action in accordance with
24 this article and until a judgment on the merits is rendered,
25 the parents have temporary shared legal custody and temporary
26 shared physical custody of any minor child. Notwithstanding
Page 8
1 the foregoing, the court may enter an order for temporary sole
2 legal custody, physical custody, or both, to one parent if
3 each parent, by fair agreement, with complete knowledge of the
4 legal ramifications of the decision, agree or, following an
5 evidentiary hearing, the court finds, that one parent is unfit
6 for shared custody consistent with this article, and written
7 findings are made accordingly.
8 "(4) In every case when making a determination of
9 parental unfitness, by clear and convincing evidence, enter an
10 order with written findings of fact.
11 "§30-3-153.
12 "(a) In order to implement joint custody, the court
13 shall require the parents to submit, Each parent, as part of
14 their agreement, shall create a parenting plan with provisions
15 covering matters relevant to the care and custody of the
16 child, including, but not limited to, all of the following:
17 "(1) The care and education of the child.
18 "(2) The medical and dental care of the child.
19 "(3) Holidays and vacations.
20 "(4) Child support.
21 "(5) Other necessary factors that affect the
22 physical or emotional health and well-being of the child.
23 "(6) Designating the parent possessing primary
24 authority and responsibility regarding involvement of the
25 minor child in academic, religious, civic, cultural, athletic,
26 and other activities, and in medical and dental care if the
Page 9
1 parents are unable to agree on these decisions. The exercise
2 of this primary authority is not intended to negate the
3 responsibility of the parties to notify and communicate with
4 each other as provided in this article.
5 "(b) If the parties are unable to reach an agreement
6 as to the provisions in subsection (a), the court shall set
7 the plan.
8 "(1) A residential parenting time schedule.
9 "(2) Designating which parent may exercise primary
10 authority and responsibility regarding involvement of the
11 minor child in academic, religious, civic, cultural, athletic,
12 and other activities, and medical and dental care.
13 "(3) Stipulating that in case of emergencies the
14 exercise of primary parental decision making authority shall
15 be with the parent who has the child in his or her physical
16 care at that given time.
17 "(4) Providing that in case of disagreement after
18 implementation of the parenting plan regarding other
19 extracurricular activities, such as, but not limited to,
20 athletics, civic, cultural, dance, cheerleading and band, the
21 father shall have primary parental decision making authority
22 in even years, and the mother shall have primary parental
23 decision making authority in odd years. Primary parental
24 decision making authority is not intended to negate the
25 responsibility of the parties to notify and communicate with
26 each other as provided in this article.
Page 10
1 "(5) Birthdays, holidays, and vacations.
2 "§30-3-154.
3 "(a) Unless otherwise prohibited by court order or
4 statute, all records and information pertaining to the child,
5 including, but not limited to, medical, physiological, dental,
6 scholastic, athletic, extracurricular, and law enforcement,
7 shall be equally available to both parents, in all types of
8 custody arrangements.
9 "(b) Either parent may request, in writing, that a
10 copy of the child's report card, notice of school attendance,
11 names of teachers, class schedules, standardized test scores,
12 and any other records customarily available to parents be
13 furnished directly to the parent making the request. The
14 request shall be accompanied by the parent's or parents'
15 current mailing address, and the local board of education or
16 other authority shall send a copy of the report card, notice
17 of school attendance, names of teachers, class schedules,
18 standardized test scores, and any other records customarily
19 available within 20 business days of the written request of
20 the parent.
21 "(c) A court upon proven findings by clear and
22 convincing evidence that a parent is unfit may deny any
23 information concerning the residence of the child to the
24 noncustodial or nonresident parent.
25 "§30-3-155.
Page 11
1 "In making a determination of child support, the
2 court shall apply Rule 32 of the Alabama Rules of Judicial
3 Administration.
4 "All courts issuing judgments, orders, or opinions,
5 whether temporary or final, shall list written findings of
6 fact and a statement of law to support the decision.
7 "§30-3-157.
8 "This article shall not be construed as grounds for
9 modification of an existing order. This article shall not be
10 construed as affecting the standard applicable to a subsequent
11 modification.
12 "(a) If the court finds competent, material, and
13 relevant evidence that one parent has committed an act of
14 domestic violence against the other parent pursuant to
15 Sections 30-3-130 to 30-3-135, inclusive, the court may enter
16 a finding of parental unfitness. All orders by the court of
17 domestic violence shall include written findings of fact and
18 conclusion of law.
19 "(b) If the court finds from clear and convincing
20 evidence, competent, material, and relevant in nature, that
21 the parent of a child is unable or unwilling to discharge his
22 or her responsibilities to and for the child, or that the
23 conduct or condition of the parent renders him or her unable
24 to properly care for the child and that the conduct or
25 condition is unlikely to change in the foreseeable future, it
26 may limit child custody solely to one parent. In determining
Page 12
1 whether or not the parent is unable or unwilling to discharge
2 his or her responsibilities to and for the child the court
3 shall consider all of the following factors:
4 "(1) That the parent has abandoned the child;
5 provided that in these cases, proof shall not be required of
6 reasonable efforts to prevent removal or reunite the child
7 with the parent.
8 "(2) Emotional illness, metal illness, or mental
9 deficiency of the parent, or excessive use of alcohol or
10 controlled substances, of a duration or nature as to render
11 the parent unable to care for the needs of the child.
12 "(3) That the parent has tortured, abused, cruelly
13 beaten, or otherwise maltreated the child or the other parent,
14 or attempted to torture, abuse, cruelly beat, or otherwise
15 maltreat the child or the other parent is in clear and present
16 danger of being thus tortured, abused, cruelly beaten, or
17 otherwise maltreated.
18 "(4) Conviction of and imprisonment for a felony.
19 "(5) Unexplained serious physical injury to the
20 child under those circumstances as would indicate that the
21 injuries resulted from the intentional conduct or willful
22 neglect of the parent.
23 "(6) Failure by the parent to maintain consistent
24 parenting time with the child in accordance with the parenting
25 plan, and agreed to by the parent.
Page 13
1 "(7) Failure by the parent to maintain consistent
2 contact or communication with the child provided there has
3 been no interference of contact or communication by the other
4 parent.
5 "(8) If either parent willfully prevents the child
6 from having freedom of association with the other parent,
7 without just cause, there shall be a rebuttable presumption
8 the parent denying such freedom of association is unfit for
9 joint custody and the non-offending parent shall have sole
10 custody of the child.
11 "(9) Lack of effort by the parent to adjust his or
12 her circumstances to meet the needs of the child in accordance
13 with the parenting plan."
14 Section 2. Section 30-3-158 is added to the Code of
15 Alabama 1975, to read as follows:
16 §30-3-158.
17 This article shall apply in initial divorce filings,
18 all child custody filings, and in any filing seeking
19 modification of an existing child custody order. This article
20 shall be construed as affecting the standard applicable to a
21 subsequent modification.
22 Section 3. Section 30-3-1 of the Code of Alabama
23 1975, providing for custody and education of children upon
24 grant of divorce, and Section 30-3-2 of the Code of Alabama
25 1975, providing for custody and education upon voluntary
26 separation, are repealed.
Page 14
1 Section 4. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
Page 15
Tuesday, July 19, 2011
Alabama Law - Child Custody, Visitation and Child Support and Contempt Issues
Under the ore tenus rule, the trial courts findings of fact are presumed correct and will not be disturbed on appeal unless plainly and palpably wrong against the preponderance of the evidence. Ex parte, Carter, 772 So.2d 1117, 1119 (Ala.Civ.App.2000).
The courts legal conclusions are reviewed de novo, and thereby affords the trial court's factual determination a presumption of correctness, and will not reverse its judgment based on that determination unless the trial court's decision was “clearly erroneous, without supporting evidence, manifestly unjust, or against the great weight of the evidence.” Shealy v. Golden, 897 So.2d 268, 271 (Ala.Civ.App.2004) & Morrow, 827 So.2d at 762. Alabama law states, in cases where there is a question presented on appeal whether the trial court correctly applied the law, the ore tenus rule has NO value, thereby a trial court’s denial of a Rule 59 Motion to Modify, Amend or Vacate a post-judgment may be reversed upon showing of abuse of the discretion of a trial court. Bass v. Bass, 475 So.2d 1196 (Ala.Civ.App.1985).
Furthermore, in Rotar v. Weiland, 591 So.2d 893 (Ala.Civ.App.1991), the Court of Appeals reversed a trial court’s decision whereby the trial court failed to modify the father’s child support obligation based on the contining and substantial decrease of the father. The Court of Appeals determined that there was no evidence to indicate that the father had any means with which to pay the ordered amount of child support, stating, “While the trial court is afforded the discretion to determine whether there has been a material change in a parent’s circumstances, it is not at liberty to ignore undisputed evidence concerning a parent’s ability to pay.”
on Bell v. Bell, 443, So.2d 1258 (Ala.Civ.App.1983) and Anthony v. Anthony, 582 So.2d 1121 (Ala. Civ.App.1991), before attorney fees can be awarded, there must be a request for such fees.
According to Talbert, 419 So.2d 240 (Ala.Civ.App 1985) imprisonment as a means of coercing payment may not be imposed if there is a present inability to pay.
In King v. Barnes, 54 So.3rd 900, 902 (Ala.Civ.App.2010) and based on Rule 32 of the ARJA Rule 32(a)(3)which was amended by adding subsection (b) which emphasizes from current Alabama case law that a party seeking a modification of child support must plead and prove that there has occurred a material change in circumstances that is substantial and continuing since the last order of child support. The Plaintiff-father met the required burden of proof to modify and/or reduce his child support and based on Murphy, 447 So.2d 798 (Ala.Civ.App.1984) when the accused puts forth evidence of his inability to pay, the burden of proof is on the complainant to prove beyond a reasonable doubt that the obligor can pay.
The trial court ordering a sum for child support is limited by the present ability of parent to pay. Forlini v. Forlini, 455 So.2d 855 (Ala.Civ.App.1983) The paramount consideration in determining the amount of child support is the needs of the children, taking into account the parents ability to pay. Brannon v. Brannon 477 So.2d 455 (Ala.Civ.App.1985).
Based on Rule 32 of the ARJA, there shall be a rebuttable presumption that child support should be modified when the difference between the existing child support award and the amount determined by application of these guidelines varies more than ten percent (10%), unless the variation is due to the fact that the existing child support award resulted from a rebuttal of the guidelines and there has been no change in the circumstances that resulted in the rebuttal of the guidelines. Rule 32, subsection (e) was added to restate that a trial court may modify a child support obligation even when there is not a 10 percent variation between the current obligation and the guidelines when a petitioner has proven a material change in circumstances that is substantial and continuing based on a finding that the application of the guidelines in that case would be manifestly unjust or inequitable. The Plaintiff-father contends that he met the requirements of Rule 32 of the ARJA.
that Plaintiff-father’s had a material change in circumstances that was substantial and continuing. Browining v. Browning, 626 So.2d 649 (Ala.Civ.App.1993).
the ordered amount causes a total inability to support self and pay guidelined amount. Hutchins v. Hutchins, 637 So.2d 1371(Ala.Civ.App.1994). The comments to Rule 32, Ala.R.Jud.Admin, states that “the guidelines will provide an adequate standard of support for children, subject to the ability of their parents to pay”. Based on Stewart v. Kelly, 587 So.2d 384 (Ala.Civ.App.1991), A parent’s inability to pay child support is a proper basis for deviating from the guidelines.
based on Rule 32 and Alabama case law, the Defendant-mother did not provide that the needs of the children had increased to justify the trial court’s increase in Plaintiff-father’s required child support payments. Dimoff v. Dimoff, 606 So.2d 159 (Ala.Civ.App.1992).
based on Rule 32(B)(8) of the Alabama Rules of Judicial Administration, which state that child care costs shall not exceed the amount required to provide care from a licensed source for the children, based on a schedule of guidelines developed by the Department of Human Resources and states that children enrolled part-time must be calculated at 50% of the total cost.
Monday, July 18, 2011
Rosemary Chambers
Rosemary chambers and molly sullivan are best friends. if you doubt anything that i have said, then go sit in her courtroom for a few days. if you need help, let me know. i have been working in the legal field for 10 years, have a degree and have found some of the best ways to combat these men haters (yes, i am women and they are men haters)
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