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Alabama Fit Parent Bill

Alabama Fit Parent Bill

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Published by Beverly Tran
Alabama proposed bill to establish shared custody for "fit" parents.
Alabama proposed bill to establish shared custody for "fit" parents.

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Published by: Beverly Tran on Jan 01, 2012
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01/02/2012

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Safeguarding Fundamental Liberty Interest Rights of 
Children and FamiliesIn the State of Alabama
 ___________________ 
The Alabama Children’s Family Act 
 and Detailed Parenting Plan Template
 ___________________ 
A Child Custody LawStrictly Writtento Safeguard Children
s Fundamental Rightsto Freedom of Associations with each Fit Parentin Accordance to theU.S. Constitution and Alabama Constitution.2012
v12-4-11Subject to RevisionLatest at ALFRA.org
 
Page 1
2012
 Alabama Children’s Family Act
 
12
The 2012 version has been revised since 2011 to include
3
concerns of the domestic violence coalition. The 2012
4
bill also addresses 19 of the 23 concerns by Madison
5
County Circuit Court Judge Billy Bell. The four (4)
6
concerns not addressed by Judge Bell were resolved by
7
the state Supreme Court opinion issued on June 10, 2011,
8
in
Ex parte E.R.G. and D.W.G.
 
91011121314151617
SYNOPSIS:
In
Ex parte E.R.G.,
quoting the Supreme18Court of the United States, is clear the U.S.19Constitution,2021"[R]equires that a prior and independent22finding of parental unfitness - by clear and23convincing evidence - must be made before24the court may proceed to the question of25whether an order disturbing and limiting a26parent's 'care, custody, and control' of his27or her child is in that child's best28interests."2930
 
Page 2In addition, the
E.R.G.
Court quotes a long line of1law since 1923 from the Supreme Court of the United2States including Justice Scalia's dissent in
Troxel v.
3
Granville
that,45"recognizes that the right of parents to6make decisions regarding a child's care,7control, education, health, and religion, as8well as with whom the child will associate,9is a fundamental right that arises "as an10inherent consequence of the parent-child11relationship independent of any case law,12statute, or constitutional provision."1314The
Troxel
Court said,1516"The Due Process Clause - of the U.S.17Constitution 14th Amendment - does not18permit a State (judge) to infringe on the19fundamental right of parents to make child20rearing decisions simply because a state21
judge believes a “better” decision could be
22made."2324Under existing law, there is a presumption that joint25custody is in the best interest of the child when each26parent requests it in a divorce or other proceeding27involving child custody, but as a matter of practice, each28parent may not share equally in the rearing of the child29when joint custody of a child is ordered by a court.30This bill would state the intent of the Legislature31to make Alabama law regarding child custody consistent with32current social science data and federal welfare reform33laws, to safeguard due process, equal protection and34liberty interest rights found in the U.S. Constitution and35

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