A bill facing the state Senate could require judges to appoint equal parenting time to both parents in divorce cases.
The bill is currently in committee, said Sen. Paul Bussman, R-Cullman, the sponsor of the bill.
"In Alabama, the majority of the time, it's an 80/20 split," Bussman said. "You actually take one parent out of the life of a child, and you turn them into a visitor as opposed to a parent.
"What we're trying to do is get both parents to take responsibility for their child and to raise that child and make them a productive citizen."
Judges would be required to order an even split between the parents, unless one parent is deemed unfit.
"When both parents have the authority and both parents are expected to be responsible, I think that can only be beneficial," said Joe Pittman, professor and department head of human development and family studies.
The bill would require parents to submit a parenting plan, detailing activities like school, church and athletic activities, as well as which parent would make executive decisions in each area.
If the parents could not agree, each parent would make important decisions on alternating years--mothers on odd-numbered years and fathers on even-numbered years.
"The main intent of the bill is when a couple gets divorced and you have two fit parents, then both parents should share equally in the custody and the raising of the child," Bussman said.
Bussman said the bill stems from the negative effects of a single-parent home.
"We see increased youth suicides," he said. "We see increased teen pregnancy; we see increased drug and alcohol problems. We see problems with criminal activity.
"The system is actually broken, and everybody knows it's broken."
Auburn lawyer James Sprayberry said he thinks the bill would create an unstable development atmosphere for a child.
"I think it is poorly written, poorly conceived, and I hope it does not pass," Sprayberry said. "Automatically awarding shared custody, particularly with children that are in elementary school, could be detrimental on the children.
"They would have no permanent home. They would have no fixed schedule if they were alternating a week on and a week off, or two weeks on and two weeks off."
Pittman said research has shown that children can eventually recover from the effects of divorce.
"They get over divorce usually in about two or three years," Pittman said. "What kids don't get over is the interparental aggression and hostility that can arise from all different problems associated with divorce."
Pittman said custody battles are often a source of this aggression.
"The custodial issue is one of those issues that really makes it challenging for parents to work together," Pittman said. "When one person's been given all the rights, and the other person has no rights, it makes for a pretty difficult and awkward parenting arrangement."
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