Email insight: Activist father continues to push for fairer custody laws
Activist, father and Alabama Family Rights Association (ALFRA) President, Kenneth Paschal emailed supporters Wednesday urging them to contact their state legislators and ask them to vote no on House Bill 333, a child custody bill. Sponsored by Andalusia-Republican, State Rep. Mike Jones the bill suggests that children should have “frequent and continuing” contact with their parents; the bill fails to define frequent and continued, and preserves the status quo of standard visitation, which unduly restricts a child to 4-6 days a month with one parent. According to Paschal, “Experts in family systems, psychology, sociology, and the like have presented 40 studies, and 112 social scientists around the world have reached a consensus on shared parenting which states ‘…equal or approximately equal time-sharing with a minor child by both fit parents is in the best interest of the child.’” Read the full email below: Unfortunately, House Bill (HB) 333, a child custody bill, passed in the Senate Judiciary Committee April 20, 2016. The Judiciary Committee ignored evidence based research supporting shared parenting, and the Alabama Law Institute has refused to acknowledge this research. Alabama legislators are being told by the Family Law Committee of the Alabama Law Institute and divorce attorneys like Representative Mike Jones that HB 333 is a “starting point bill,” and future change(s) will follow. The problem with this is that HB 333 is based on opinion NOT legal or evidence-based research. (listen to a 3-minute excerpt of the research here) HB 333 will not equally protect a child’s relationship with both fit parents. Neither will HB 333 act in the best interest of the child as the bill fails to consider scientific research which states “… equal or approximately equal time-sharing with a minor child by both fit parents is in the best interest of the child.” HB 333 has been placed on the calendar and could be up for a floor vote in the Senate today, Wednesday, April 27, 2016. We need EVERYONE to TAKE ACTION this morning and all day today: call and email your elected official in the Senate. Ask them to vote NO on HB 333 or implement a friendly amendment that states: “there is a presumption that children have equal or approximately equal time-shared parenting time with their fit parents”. (view the bill here) Be sure to include a reason why the members should vote against House Bill 333. Feel free to use any of the following reasons to explain why committee members should vote “NO” on HB 333: HB 333 fails to align outdated child custody law with current research, which states “equal or approximately equal time-sharing with a minor child by both fit parents is in the best interest of the child.” HB 333 fails to protect the child’s fundamental right to freely associate with both of their parents. HB 333 maintains the status quo, which promotes parental conflict and deprives a child of a quality relationship with both fit parents. HB 333 fails to define “frequent and continuing” contact, which leads to irregularities in child custody rulings. Meaning, without definition, 5 different judges with same facts = 5 different rulings. Ala Code § 30-3-150. Policy of state: “It is the policy of this state to assure that minor children have frequent and continuing contact with parents”. “Frequent and continuing” contact is not defined. Courts consider “frequent and continuing contact” to include only 1 hour per week, 48 hours twice a month, or could be equal custody. HB 333 does suggest the use of parenting plans, which is good, but when based on outdated, flawed public policy, parenting plans are likely minimally effective, at best. HB 333 does consolidate years of case law into one central location, which may benefit both judges and pro se litigants, as a quick reference, but the bill is rooted in flawed case law that perpetuates the same negative impact of the current status quo. HB 333 does not take into account that there is no statutory requirement for judges or family law attorneys to be trained in family law and attend annual Continuing Legal Education training related to family law. HB 333 fails to provide evidence based guidelines to empower the Courts to meet the needs of each unique case, which leads to a “one size fits all” standard visitation schedule. Representative Office Phone Email Bussman, Paul 334-242-7855 p_bussman@bellsouth.net Holtzclaw, William 334-242-7854 bill.holtzclaw@alsenate.gov Orr, Arthur 334-242-7891 arthur.orr@alsenate.gov Reed, Greg 334-242-7894 greg.reed@alsenate.gov Sanford, Paul 334-242-7867 paul.sanford@alsenate.gov Shelnutt, Shay 334-242-7794 shay.sd17@gmail.com Stutts, Larry 334-242-7862 larry.stutts@alsenate.gov Together we can make our voices heard to protect children from being placed at risk. Thank you for your time and for standing up for all children of Alabama.
Alabama legislative preview: Mar. 14 – Mar. 18, 2016
The Legislative Session resumes Tuesday when the Alabama House of Representatives reconvenes at 1 p.m and the Senate an hour later. The Senate is slated to take up a slew of measures this week, including SB89 from Sen. Arthur Orr (R-Decatur) which would require all Alabama public school students to pass a civics test to graduate. SB148 from Sen. Jim McClendon (R-Springville), which would require all passengers in a vehicle to wear a safety belt, will also come up this week. The measure met with opposition when last it appeared on the floor, as lawmakers questioned the need for furthering meddling in people’s private matters. The “Fantasy Contests Act,” SB114 from Sen. Paul Sanford (R-Huntsville), will also come up for discussion this week, as well as SB14 from Sen. Gerald Allen (R-Tuscaloosa), which would authorize carrying weapons in vehicles without a permit. Over in the House, lawmakers will take up their version of the “Fantasy Contests Act,” as well as the lottery bill from Rep. Alan Harper (R-Northport). HB13 would allow people to vote on whether or not a lottery is allowed in the state, though it provides no details on how profits from such a lottery would be allocated. The body will also take up three bills from Rep. Mike Jones (R-Andalusia): HB332 which would abolish common law marriages; HB333, which would change laws related to judge’s ruling in divorce cases; and HB334, which would provide a process for grandparents to petition for visitation rights with their grandchildren. A slew of alcohol-related legislation is also scheduled to go before the House. The House was scheduled to take on the General Fund budget this week, but the activity calendar makes no mention of the legislation coming before the body. The Senate Committee on Agriculture, Conservation and Forestry is set to take up a bill that would legalize industrial hemp in the state on Wednesday and the Senate Judiciary Committee is slated to take up SB97 from Sen. Gerald Dial (R-Lineville), which would allow the Ten Commandments to be displayed on state and public school property. The Alabama Prison Transformation Initiative Act will once again appear before the Senate Committee on General Fund Finance and Taxation, where a vote is scheduled to take place. The House Committee on Public Safety and Homeland Security will take up HB98 from Rep. David Standridge (R-Hayden), which would provide a lifetime pistol permit to retired military veterans and the House Committee on Health will debate HB159 from Rep. Arnold Mooney (R-Birmingham), which would allow doctors to decline services that violates their conscience. The House Judiciary Committee will take up two marijuana-related bills: HB61, also known as “Leni’s Law,” from Rep. Mike Ball (R-Madison), which would decriminalize possession of the seizure-reducing medication cannabidiol, and HB257 from Rep. Patricia Todd (R-Birmingham), which would make possession of 1 ounce or less of marijuana punishable by only a fine.
