SB159 Alabama 2013 Session

Under existing law, many service members have custody of or visitation rights with a child

This bill would prohibit a court from entering a final order altering an existing custody arrangement while the custodial parent is unavailable due to military service

This bill would provide that past, current, or future absences due to military service shall not serve as the sole basis for altering a custody order in place prior to the absence

This bill would provide that the custody order in place before the absence of a military parent due to military service must be reinstated within a set time upon the return of the military parent, absent proof that reinstatement would not be in the best interests of the child. This bill would provide that the non-absent parent would bear the burden of proof

This bill would provide that a service member with visitation rights may petition the court to delegate those visitation rights to a third person during the absence of the service member due to military service

This bill would authorize expedited and electronic hearings for certain parents deployed for military service

To prohibit a final custody order altering an existing custody arrangement from being entered while the custodial parent is unavailable due to military service; to provide that past, current, or future absence due to military service may not serve as the sole basis for altering a final custody order in place prior to an absence due to military service; to provide that military deployment shall not be the sole factor in making a custody determination; to provide that a service member may ask the court to delegate his or her guardianship or visitation rights during the service member's absence due to military service; to authorize expedited hearing for service members soon to be deployed; and to provide for electronic hearings for service members.