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30-3B-207
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 any time if it determines that it is an inconvenient forum under the circumstances and
that a court of another state is a more appropriate forum. The issue of inconvenient forum
may be raised upon the motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider
whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including: (1) Whether domestic violence has occurred and is likely to continue in
the future and which state could best protect the parties and the child; (2) The length of
time the child has resided outside this state; (3) The distance between...
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30-3B-202
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. (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-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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30-3B-311
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 a warrant to take physical custody of the child if the child is imminently
likely to suffer serious physical harm or be removed from this state. (b) If the court, upon
the testimony of the petitioner or other witness, finds that the child is imminently likely
to suffer serious physical harm or be removed from this state, it may issue a warrant to take
physical custody of the child. The petition must be heard within 72 hours after the warrant
is executed unless impossible. In that event, the court shall hold the hearing on the next
judicial day. The application for the warrant must include the statements required by Section
30-3B-308(b). (c) A warrant to take physical custody of a child must: (1) Recite the facts
upon which a conclusion of imminent serious physical harm or...
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30-3B-313
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
a child custody determination by a court of another state unless the order has been vacated,
stayed, or modified by a court having jurisdiction to do so under Article 2. (Act 99-438,
p. 866, §1.)...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 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 court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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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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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon final
judgment permitting the change of principal residence of a child, a court may consider a proposed
change of principal residence of a child as a factor to support a change of custody of the
child. In determining whether a proposed or actual change of principal residence of a minor
child should cause a change in custody of that child, a court shall take into account all
factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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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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