Code of Alabama - Title 30: Marital And Domestic Relations - Chapter 1 - Uniform Child Custody Jurisdiction And Enforcement Act

Article 1 General Provisions.

Section 30-3B-101 Short title
This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. ...
Section 30-3B-102 Definitions
In this chapter, the following terms shall have the following meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision. (2) ...
Section 30-3B-103 Proceedings governed by other law
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. ...
Section 30-3B-104 Application to Indian tribes
A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901, et seq., is ...
Section 30-3B-105 International application of chapter
(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose ...
Section 30-3B-106 Effect of child custody determination
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served ...
Section 30-3B-107 Priority
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of ...
Section 30-3B-108 Notice to persons outside state
(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the ...
Section 30-3B-109 Appearance and limited immunity
(a) When making a special appearance a party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a ...
Section 30-3B-110 Communication between courts
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court ...
Section 30-3B-111 Taking testimony in another state
(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are ...
Section 30-3B-112 Cooperation between courts; preservation of records
(a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person ...

Article 2 Jurisdiction.

Section 30-3B-201 Initial child custody jurisdiction
(a) Except as otherwise provided in Section 30-3B-204, a court of this state has jurisdiction to make an initial child custody determination only if: ...
Section 30-3B-202 Continuing, exclusive jurisdiction
(a) Except as otherwise provided in Section 30-3B-204, a court of this state which has made a child custody determination consistent with Section 30-3B-201 ...
Section 30-3B-203 Jurisdiction to modify determination
Except as otherwise provided in Section 30-3B-204, a court of this state may not modify a child custody determination made by a court of ...
Section 30-3B-204 Temporary emergency jurisdiction
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned ...
Section 30-3B-205 Notice; opportunity to be heard; joinder
(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of ...
Section 30-3B-206 Simultaneous proceedings
(a) Except as otherwise provided in Section 30-3B-204, a court of this state may not exercise its jurisdiction under this article if, at the ...
Section 30-3B-207 Inconvenient forum
(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction ...
Section 30-3B-208 Jurisdiction declined by reason of conduct
(a) Except as otherwise provided in Section 30-3B-204 or by other law of this state, if a court of this state has jurisdiction under ...
Section 30-3B-209 Information to be submitted to court
(a) Except, as otherwise provided in subsection (e), in a child custody proceeding, each party, in its first pleading or in an attached affidavit, ...
Section 30-3B-210 Appearance of parties and child
(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to ...

Article 3 Enforcement.

Section 30-3B-301 Definitions
In this article, the following terms shall have the following meanings: (1) PETITIONER. A person who seeks enforcement of an order for return of ...
Section 30-3B-302 Enforcement under Hague Convention
Under this article a court of this state may enforce an order for the return of the child made under the Hague Convention on ...
Section 30-3B-303 Duty to enforce
(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court ...
Section 30-3B-304 Temporary visitation
(a) A court of this state which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing: (1) ...
Section 30-3B-305 Registration of child custody determination
(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request ...
Section 30-3B-306 Enforcement of registered determination
(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody ...
Section 30-3B-307 Simultaneous proceedings
If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to ...
Section 30-3B-308 Expedited enforcement of child custody determination
(a) A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration ...
Section 30-3B-309 Service of petition and order
Except as otherwise provided in Section 30-3B-311, the petition and order must be served, by any method authorized by the Alabama Rules of Civil ...
Section 30-3B-310 Hearing and order
(a) Unless the court issues a temporary emergency order pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to immediate physical ...
Section 30-3B-311 Warrant to take physical custody of child
(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance ...
Section 30-3B-312 Costs, fees, and expenses
(a) The court may award any party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, ...
Section 30-3B-313 Recognition and enforcement
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which ...
Section 30-3B-314 Appeals
An appeal may be taken from a final order in a proceeding under this article in accordance with Alabama law. Unless the court enters ...

Article 4 Miscellaneous Provisions.

Section 30-3B-401 Application and construction
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject ...
Section 30-3B-402 Severability clause
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions ...
Section 30-3B-403 Effective date
This chapter takes effect January 1, 2000. ...
Section 30-3B-404 Repeals
Effective January 1, 2000, the following sections and all amendments thereto and all other sections and parts of sections of this code inconsistent herewith ...
Section 30-3B-405 Transitional provision
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before ...

Last modified: August 6, 2008

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Code of Alabama - Title 30: Marital And Domestic Relations - Chapter 1 - Uniform Child Custody Jurisdiction And Enforcement Act