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30-3B-208
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 chapter because a person seeking to invoke its jurisdiction has
engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under Sections 30-3B-201 through 30-3B-203
determines that this state is a more appropriate forum under Section 30-3B-207; or
(3) No court of any other state would have jurisdiction under the criteria specified in Sections
30-3B-201 through 30-3B-203. (b) If a court of this state declines to exercise its jurisdiction
pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the
child and prevent a repetition of the unjustifiable conduct, including...
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30-3B-306
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 made by a court of another state. (b) A court of this state shall
recognize and enforce, but may not modify, except in accordance with Article 2, a registered
child custody determination of a court of another state. (Act 99-438, p. 866, §1.)...
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30-3C-5
Section 30-3C-5 Jurisdiction. (a) A petition under this chapter may be filed only in
a court that has jurisdiction to make a child-custody determination with respect to the child
at issue under the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this
title. (b) Notwithstanding subsection (a), a court of this state has temporary emergency jurisdiction
to take action under this chapter if a child is present in this state and the court finds
there is a credible risk of abduction. (Act 2010-212, p. 339, §5.)...
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30-3D-307
Section 30-3D-307 Duties of support enforcement agency. (a) A support enforcement agency
of this state, upon request, shall provide services to a petitioner in a proceeding under
this chapter. (b) A support enforcement agency of this state that is providing services to
the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this
state, another state, or a foreign country to obtain jurisdiction over the respondent; (2)
request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable
effort to obtain all relevant information, including information as to income and property
of the parties; (4) within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner; (5) within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words
shall have the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST.
A real estate investment trust organized in compliance with the provisions of this chapter.
(2) BUSINESS TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated
trust or association, including an Alabama real estate investment trust, a common-law trust,
or a Massachusetts trust, which is engaged in business and in which property is acquired,
held, managed, administered, controlled, invested, or disposed of for the benefit and profit
of any person who may become a holder of a transferable unit of beneficial interest in the
trust. (3) DOMESTIC LIMITED LIABILITY COMPANY. A limited liability company as defined under
the Alabama Limited Liability Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership
as defined under the Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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30-3B-106
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 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.
(Act 99-438, p. 866, §1.)...
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30-3B-304
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 visitation schedule made by a court of another state; (2) The visitation provisions
of a child custody determination of another state that does not provide for a specific visitation
schedule; or (3) The visitation provision of a child custody determination of another state
by implementing makeup or substitute visitation. (b) If a court of this state makes an order
under subsection (a)(2) or subsection (a)(3), it shall specify in the order a period that
it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction
under the criteria specified in Article 2. The order remains in effect until an order is obtained
from the other court or the period expires. (Act 99-438, p. 866, §1.)...
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30-3B-310
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 of the child, the court shall order that the petitioner may take
immediate physical custody of the child unless the respondent establishes that: (1) The child
custody determination has not been registered and confirmed under Section 30-3B-305
and that: a. The issuing court did not have jurisdiction under Article 2; b. The child custody
determination for which enforcement is sought has been vacated, stayed, or modified by a court
of a state having jurisdiction to do so under Article 2; or c. The respondent was entitled
to notice, but notice was not given in accordance with the standards of Section 30-3B-108,
in the proceedings before the court that issued the order for which enforcement is sought;
or (2) The child custody determination for which enforcement is sought was registered and...
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12-21-401
Section 12-21-401 Definitions. In this article: (1) "Foreign jurisdiction"
means a state other than this state. (2) "Foreign subpoena" means a subpoena issued
in a civil action under authority of a court of record of a foreign jurisdiction. (3) "Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity. (4) "State"
means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
subject to the jurisdiction of the United States. (5) "Subpoena" means a document,
however denominated, issued in a civil action under authority of a court of record requiring
a person to: (A) Attend and give testimony at a deposition. (B) Produce and permit inspection
and copying of...
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30-3D-308
Section 30-3D-308 Duty of Attorney General. (a) If the Attorney General determines that
the support enforcement agency is neglecting or refusing to provide services to an individual,
the Attorney General may order the agency to perform its duties under this chapter or may
provide those services directly to the individual. (b) The Attorney General may determine
that a foreign country has established a reciprocal arrangement for child support with this
state and take appropriate action for notification of the determination. (Act 2015-284, §1.)...
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