Alabama's Uniform Child Custody Jurisdiction Act

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

Code of Alabama, 1975

§ 30-3B-101 thru 405

Article 1.

General Provisions.

30-3B-101. (Effective January 1, 2000) Short title.

30-3B-102. (Effective January 1, 2000) Definitions.

30-3B-103. (Effective January 1, 2000) Proceedings governed by other law.

30-3B-104. (Effective January 1, 2000) Application to Indian tribes.

30-3B-105. (Effective January 1, 2000) International application of chapter.

30-3B-106. (Effective January 1, 2000) Effect of child custody determination.

30-3B-107. (Effective January 1, 2000) Priority.

30-3B-108. (Effective January 1, 2000) Notice to persons outside state.

30-3B-109. (Effective January 1, 2000) Appearance and limited immunity.

30-3B-110. (Effective January 1, 2000) Communication between courts.

30-3B-111. (Effective January 1, 2000) Taking testimony in another state.

30-3B-112. (Effective January 1, 2000) Cooperation between courts; preservation of records.

Article 2.

Jurisdiction.

30-3B-201. (Effective January 1, 2000) Initial child custody jurisdiction.

30-3B-202. (Effective January 1, 2000) Continuing, exclusive jurisdiction.

30-3B-203. (Effective January 1, 2000) Jurisdiction to modify determination.

30-3B-204. (Effective January 1, 2000) Temporary emergency jurisdiction.

30-3B-205. (Effective January 1, 2000) Notice; opportunity to be heard; joinder.

30-3B-206. (Effective January 1, 2000) Simultaneous proceedings.

30-3B-207. (Effective January 1, 2000) Inconvenient forum.

30-3B-208. (Effective January 1, 2000) Jurisdiction declined by reason of conduct.

30-3B-209. (Effective January 1, 2000) Information to be submitted to court.

30-3B-210. (Effective January 1, 2000) Appearance of parties and child.

Article 3.

Enforcement.

30-3B-301. (Effective January 1, 2000) Definitions.

30-3B-302. (Effective January 1, 2000) Enforcement under Hague Convention.

30-3B-303. (Effective January 1, 2000) Duty to enforce.

30-3B-304. (Effective January 1, 2000) Temporary visitation.

30-3B-305. (Effective January 1, 2000) Registration of child custody determination.

30-3B-306. (Effective January 1, 2000) Enforcement of registered determination.

30-3B-307. (Effective January 1, 2000) Simultaneous proceedings.

30-3B-308. (Effective January 1, 2000) Expedited enforcement of child custody determination.

30-3B-309. (Effective January 1, 2000) Service of petition and order.

30-3B-310. (Effective January 1, 2000) Hearing and order.

30-3B-311. (Effective January 1, 2000) Warrant to take physical custody of child.

30-3B-312. (Effective January 1, 2000) Costs, fees, and expenses.

30-3B-313. (Effective January 1, 2000) Recognition and enforcement.

30-3B-314. (Effective January 1, 2000) Appeals.

Article 4.

Miscellaneous Provisions.

30-3B-401. (Effective January 1, 2000) Application and construction.

30-3B-402. (Effective January 1, 2000) Severability clause.

30-3B-403. (Effective January 1, 2000) Effective date.

30-3B-404. (Effective January 1, 2000) Repeals.

30-3B-405. (Effective January 1, 2000) Transitional provision.

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ARTICLE 1. GENERAL PROVISIONS.

ARTICLE 1.

GENERAL PROVISIONS.

§ 30-3B-101. (Effective January 1, 2000) Short title.

Statute text

This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-102. (Effective January 1, 2000) Definitions.

Statute text

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. An individual who has not attained 19 years of age.

(3) Child custody determination. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) Child custody proceeding. A proceeding in a court in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a court proceeding involving juvenile delinquency, contractual emancipation, adoption, or enforcement under Article 3.

(5) Commencement. The filing of the first pleading in a proceeding.

(6) Court. An entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(7) Home state. The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child or any of the mentioned persons is part of the period.

(8) Initial determination. The first child custody determination concerning a particular child.

(9) Issuing court. The court that makes a child custody determination for which enforcement is sought under this chapter.

(10) Issuing state. The state in which a child custody determination is made.

(11) Modification. A child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(12) Person. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(13) Person acting as a parent. A person, other than a parent, who:

a. Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

b. Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(14) Physical custody. The physical care and supervision of a child.

(15) State. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16) Warrant. An order issued by a court authorizing law enforcement officers to take physical custody of a child.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-103. (Effective January 1, 2000) Proceedings governed by other law.

Statute text

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-104. (Effective January 1, 2000) Application to Indian tribes.

Statute text

A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901, et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-105. (Effective January 1, 2000) International application of chapter.

Statute text

(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 applying this article and Article 2.

(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.

(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-106. (Effective January 1, 2000) Effect of child custody determination.

Statute text

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 accordance with the laws of this state or notified in accordance with Section 30-3B-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-107. (Effective January 1, 2000) Priority.

Statute text

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 party, must be given priority on the calendar and handled expeditiously.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-108. (Effective January 1, 2000) Notice to persons outside state.

Statute text

(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 of this state for service of process. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this state.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-109. (Effective January 1, 2000) Appearance and limited immunity.

Statute text

(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 to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-110. (Effective January 1, 2000) Communication between courts.

Statute text

(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 allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-111. (Effective January 1, 2000) Taking testimony in another state.

Statute text

(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 in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-112. (Effective January 1, 2000) Cooperation between courts; preservation of records.

Statute text

(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 produce or give evidence pursuant to procedures of that state;

(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.

(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 19 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

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ARTICLE 2. JURISDICTION.

ARTICLE 2.

JURISDICTION.

§ 30-3B-201. (Effective January 1, 2000) Initial child custody jurisdiction.

Statute text

(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) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207 or 30-3B-208, and:

a. The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

b. Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;

(3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 30-3B-207 or 30-3B-208; or

(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).

(b) Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-202. (Effective January 1, 2000) Continuing, exclusive jurisdiction.

Statute text

(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 has continuing, exclusive jurisdiction over the determination until:

(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or

(2) A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.

(b) A court of this state which has made a child custody determination and does not have continuing, exclusive jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 30-3B-201.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-203. (Effective January 1, 2000) Jurisdiction to modify determination.

Statute text

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 state unless a court of this state has jurisdiction to make an initial determination under Section 30-3B-201(a) (1) or (2) and:

(1) The court of the other state determines it no longer has continuing, exclusive jurisdiction under Section 30-3B-202 or that a court of this state would be a more convenient forum under Section 30-3B-207; or

(2) A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-204. (Effective January 1, 2000) Temporary emergency jurisdiction.

Statute text

(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 it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.

(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 30-3B-201 through 30-3B-203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 30-3B-201 through 30-3B-203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

§ 30-3B-205. (Effective January 1, 2000) Notice; opportunity to be heard; joinder.

Statute text

(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-108 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.

History

History: Acts 1999, No. 99-438.

Annotations

Effective date. - Acts 1999, No. 99-438, effective January 1, 2000.

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