Alabama Family Rights Association gives OK to split-custody bill
The Alabama Family Rights Association released a rundown Friday on a bill it is backing that would make split custody the starting point in child custody cases. SB 186, sponsored by Sen. Larry Stutts, would put mothers and fathers who split up on equal footing by making a 50/50 divide the starting point in child custody cases. The release notes the testimony from Julie A. Palmer, a former elected judge who despite signing up to testify as an opponent of the bill, ended up praising it for provisions that would create a presumption that both parents are fit to make parenting decisions, and the reordering of factors judges consider when assigning custody, among other things. AFRA also highlighted the testimony of 17-year-old Tamar Watts, who spoke from the heart about her experience with week-on-week-off custody with her parents. “I believe this schedule has given me an opportunity to have a healthy relationship with each parent that I would not have gotten seeing one parent only every other weekend,” she said. “While there is no easy way for a family to deal with divorce, SB 186 is the only way to handle it,” she continued. The future Auburn University student went on to say that the every-other-weekend model is outdated, citing that the current 20 percent minimum for parents sharing custody is “not enough time.” The testimony happened during a Wednesday meeting of the Senate Judiciary Committee, though the committee did not vote on the bill during the meeting. AFRA said a vote is expected next week, possibly when the committee meets March 7.
Emotional debate accompanies discussion of custody bill
The House Judiciary Committee met for a public hearing Tuesday regarding SB333, a bill from Sen. Mike Jones (R-Andalusia) that would redefine language related to parental custody in an effort to move away from the concept that one parent has sole physical custody. The bill is aimed at encouraging judges to more equitably arrange parental custody, preferably a 50/50 split between both parties, and allow for the joint creation of a parenting plan. “Co-parenting is becoming more and more the norm,” Jones said. “Families are different and we’ve got to come up with different kinds of plans.” Several people were lined up to speak for and against the legislation, the first Ray Maloy, a father of two who said he’s nearly gone bankrupt fighting his ex-wife’s pursuit of sole custody. Maloy hasn’t seen his children in about eight years, he said. Maloy contended the bill has “no teeth” and although it purports to advocate for split parenting rights, includes no language urging judges to seek to that goal. Another emotional testimony was given by Tina Grosch, a Lauderdale County mother whose parental rights were taken away on “unsubstantiated” charges. As a result, Grosch was allowed to see her children only at visitation centers, which cost her $30 an hour, under the supervision of counselors that have since been charged with fraud. “In my mind, visitation is for criminals,” Grosch said. “I get less visitation with my children than felons in our state prisons.” Perhaps the most stirring plea against the bill came from Crenshaw County lawyer Melissa Isaac, who represents fathers in divorce battles. According to Isaac, it would be easy to prove that a widespread bias against fathers exists in family courts. “Children do best when their relationship with both parents is preserved,” Isaac said. “If both parents are fit parents then there is no reason dad can’t have equal time as mom. Let’s start from a place of equality.” Phillip Lisenby, a family court judge from Northport, supported the bill on the grounds that it maintains the discretion of judges in deciding what is best for a child. “I see this as a step forward,” Lisenby said. “I see this bill as merely an expression of our Legislature to say we want to encourage joint custody.” No vote was taken on the measure and it will appear before the committee again next week.
Child welfare bills waiting in Alabama statehouse
In his recent op-ed for Alabama Today, adoption advocate Sam McClure expressed doubt that lawmakers would have time to pass child welfare legislation this session. Indeed, as the 2015 Legislative Session draws to a close, some measures introduced by lawmakers have not yet had a final vote: Rep. Mac McCutcheon filed a bill to establish an Office of the Ombudsman for Child Welfare. Under House Bill 48, the Ombudsman would conduct independent investigations of complaints on actions taken by the state in child welfare or reunification plans. The Ombudsman would also send the Governor regular reports on the conditions in group homes and other institutions for juveniles. The House committee on public safety gave House Bill 48 a favorable report in April, but so far the measure has not been called to the House floor for a vote. The House health committee has yet to vote on a bill from Rep. Mack Butler that would clarify when and how medical workers report suspicions that a child has been exposed to illegal drugs. House Bill 408 says that those suspicions should be reported orally to law enforcement within two hours, even if medical test results aren’t yet available. Once medical tests confirm that a child has been chemically endangered, the health worker should file a written report with law enforcement, according to HB408. Senate Bill 461, sponsored by Sen. Paul Bussman, says that if a parent has allowed their child to be near a methamphetamine laboratory “or a location where illegal drugs are stored, kept, packaged, diluted, or manufactured”, the Department of Human Resources has no obligation to try to preserve that parent’s custodial rights. The Senate health and human services committee voted unanimously in favor of the bill last week. Under Senate Bill 494 out-of-state relatives to a child in DHR custody have six months to tell the department they would like to be appointed guardian. After that time, DHR staff will not be required to consider those relatives when they makes custody decisions. Sen. Bussman filed SB494 on Thursday and the bill has been referred to the Senate Committee on Education and Youth Affairs. As lawmakers move quickly to enact legislation before Sine Die, Alabama Today will follow these bills and report on their progress.
