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.
Senate Judiciary Committee gives favorable report on 2 child abuse bills
The Senate Judiciary Committee (JUDY) met Wednesday morning to discuss two bills aimed at more thoroughly prosecuting those who commit “aggravated child abuse.” Sen. Clyde Chambliss (R-Prattville) spoke before the committee today on “Winston’s Law,” SB23, which will make aggravated child abuse of children between infancy and six years old a Class A felony. “It’s unfortunate that we have to come here today and even talk about this issue,” Chambliss said. “But it’s reality.” The bill is named for a 4-year-old boy named Winston, who was found nearly comatose in a car where his mother’s boyfriend had taken him to a court hearing. “It’s the worst case of child abuse I’ve ever seen where the child lived,” said District Attorney Randall Houston, who referenced pictures of the child too disturbing to be viewed by the public. Sen. Vivian Figures (D-Mobile) encouraged that the age limit be increased to protect more children. “When a child has been subjected to aggravated abuse, it should be life without parole,” Figures said through tears. “Because you have given that child a life sentence, people who go through that will suffer from the residual of that for years to come.” A second bill, SB22, would make death in cases of aggravated child abuse eligible for a murder conviction. Currently, offenders can find leeway in the fact that the intent of child abuse may not be to kill the child, but Assistant District Attorney Jessica Ventiere believes that death in cases of child abuse should warrant more than a manslaughter charge. She referenced the case of “Ava,” who said is “forever four years old” after a kicking death at the hands of her mother’s boyfriend. The bill would provide prosecutors with the ability to provide lengthier sentences to offenders in cases such as this. The committee voted unanimously to provide a favorable report on both bills, which will make their way to the legislature soon.
