§ 30-3-135 — Visitation by Parent Who Committed Violence

Alabama § 30-3-135

• Jurisdiction: Alabama
• Title 30: Marital and Domestic Relations
• Ch. 3: Child Custody and Support
• Art. 6: Custody and Domestic or Family Abuse

Text

(a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.
(b) In a visitation order, a court may take any of the following actions:
(1) Order an exchange of the child to occur in a protected setting.
(2) Order visitation supervised in a manner to be determined by the court.
(3) Order the perpetrator of domestic or family violence to attend and complete to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of visitation.
(4) Order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation.
(5) Order the perpetrator of domestic or family violence to pay a fee to defray the cost of supervised visitation.
(6) Prohibit overnight visitation.
(7) Require a bond from the perpetrator of domestic or family violence for the return and safety of the child.
(8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family or domestic violence, or other family or household member.
(c) Whether or not visitation is allowed, the court may order the address of the child or the victim of family or domestic violence to be kept confidential.
(d) The court may refer but shall not order an adult who is a victim of family or domestic violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic or family violence as a condition of receiving custody of a child or as a condition of visitation.
(e) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.

Legislative History

(Acts 1995, No. 95-629, p. 1332, §6; Acts 1996, No. 96-261, p. 307, §1.)