Alabama Children's Family Act is a 'fit parent's bill of equal rights'

Alabama Children's Family Act is a 'fit parent's bill of equal rights' - Huntsville divorce support | Examiner.com:

MONTGOMERY (Examiner.com) – The new year's resolution of parents rights advocates in Alabama? To provide better safeguards for every fit parent's equal rights to their children.

Some folks talk about how Alabama has a long history of violating the civil rights of its citizens, citing the Civil Rights movement of the 1960s along with the immigration debate of today. Others point out that the people of Alabama, too, have a long history of defending those civil rights. History, it seems, is on the side of the people.

Reminiscent of days past, thousands of fit parents across the State are organizing for the upcoming 2012 legislative session. Their object? Passage of the Alabama Children's Family Act, a bill some are calling 'a fit parent's bill of rights.'

Supporters cite numerous statewide incidents of fit parents having their fundamental Constitutional rights to their children stripped by state courts without due process or equal protection under the law. They also cite federal lawsuits currently pending against the State of Alabama and the State Department of Human Resources for civil rights violations and other violations of federal and state law.


Interest in the legislation, by ordinary citizens and legislators alike, appears to be growing daily.

Mark Davis of the Alabama Family Rights Association (ALFRA), who has an in depth understanding of the proposed legislation, recently announced on the open Facebook group 'Alabama Child Custody Discussion Page' that numerous legislators have been contacting ALFRA about the bill. By explaining to each legislator the true intent of the bill he said, 'They are coming on board, one at a time.'

Davis commented that, 'During the last session, there was so much misinformation about the bill that it never moved to a vote after passing in the Senate Hearing committee.' In an attempt to shine some light on the bill which few people may have the time to study, we asked, 'What does the Alabama Children's Family Act really mean for Alabama?'

Page two of the bill states it would, 'safeguard due process, equal protection and liberty interest rights found in the U.S. Constitution and the Alabama Constitution for Alabama children, and to ensure children have freedom of association with each of the two fit parents.'

These safeguards would apply regardless of the fit parents' marital status.

The bill would require a parenting plan in every case involving the custody of a child. It would require certain basic provisions for every parenting plan including a designation of which parent may exercise primary authority in making child rearing decisions such as emergency medical decisions or extracurricular activities at designated times.

While it encourages two fit parents to come to an agreement which is suitable to their own circumstances, the bill requires the court to order 'equal parenting time with each of the two fit parents...absent an agreement between the parents not to adopt an equal parenting time arrangement.'

The Alabama Children's Family Act does not require the court to order equal parenting time in those cases where 'one or both parents is determined to be unfit.' However, the bill stipulates the requirement of a 'finding by a court that a parent is unfit to be made in writing and supported by clear and convincing evidence.'

Close examination of the text of the proposed bill would appear to substantiate the above claims. At only sixteen pages, it is shorter in length than most bills. Supporters point out that it grants discretion to family court judges while protecting the associational rights of children to each of their two fit parents.

Many hope that this bill will lighten the caseload on local courts which should have a positive financial impact on the State and increase the efficiency of our court system. They also express a belief that it will provide a more stable family life for thousands of Alabama children.

While their hopes are yet to be seen, primarily due to the inaction of state legislators to pass a similar bill last session, all indications are that 2012 will be a positive year for family rights in Alabama. ALFRA members encourage anyone interested in joining their efforts to contact them about becoming a member and to volunteer.

'We have to stand together' is a common theme throughout online discussion boards about alleged civil rights abuses in family law courts across the country. ALFRA says the best way to do that is to pick up the phone and call your legislator. One member said, 'Tell them you support the Alabama Children's Family Act and you expect them to do the same in the upcoming legislative session.'

In parting, an ALFRA member ends our conversation with a well known quote by the philosopher Edmund Burke, 'The only thing necessary for the triumph [of evil] is for good men to do nothing.'

Then he looked at me and plainly asked, 'Now, what are you going to do to help?'

CLICK HERE TO VIEW THE TEXT OF THE BILL

CLICK HERE TO VIEW THE SUPPLEMENTAL INFORMATION GUIDE

CLICK HERE TO VIEW A SAMPLE PARENTING PLAN

CLICK HERE TO VISIT THE ALABAMA FAMILY RIGHTS ASSOCIATION

CLICK HERE TO GET YOUR LEGISLATOR'S CONTACT INFORMATION