Code of Alabama - Title 30: Marital and Domestic Relations - Chapter 3B - 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) CHILD....
• 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 not...
• 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 of...
• 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 in...
• 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 a...
• 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 law...
• 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 proceeding...
• 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 may...
• 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 located...
• 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 to...
• 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: (1)...
• 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 or...
• 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 another...
• 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 or...
• 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...
• 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 time...
• 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 at...
• 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 this...
• 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, shall...
• 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 appear...
• 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 a...
• 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 the...
• 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 exercised...
• 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) A...
• 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 for...
• 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 determination...
• 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 modify...
• 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 must...
• 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 Procedure,...
• 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 custody...
• 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 of...
• 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, communication...
• 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 enforces...
• 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 a...
• 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 matter...
• 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 or...
• 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 are...
• 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 January...

Last modified: May 3, 2021