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30-3B-202
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 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...
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30-3B-203
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 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. (Act 99-438, p. 866, ยง1.)...
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30-3B-201
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) 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...
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30-3B-204
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 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...
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30-3B-305
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 enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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30-3B-206
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 of the commencement of the proceeding, a proceeding concerning the custody of
the child has been commenced in a court of another state having jurisdiction substantially
in conformity with this chapter, unless the proceeding has been terminated or is stayed by
the court of the other state because a court of this state is a more convenient forum under
Section 30-3B-207. (b) Except as otherwise provided in Section 30-3B-204, a
court of this state, before hearing a child custody proceeding, shall examine the court documents
and other information supplied by the parties pursuant to Section 30-3B-209. If the
court determines that a child custody proceeding has been commenced in a court in another
state having jurisdiction substantially in accordance with this chapter, the court of this
state shall stay...
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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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30-3B-102
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. 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...
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30-3C-6
Section 30-3C-6 Contents of petition. A petition under this chapter must be verified
and include a copy of any existing child-custody determination, if available. If a child-custody
determination is not available, the petition must state the petitioner's right to make a petition,
as described under subsection (b) of Section 30-3C-4, and provide the basis for that
right to make a petition under this chapter. The petition also must specify the risk factors
for abduction, including the relevant factors described in Section 30-3C-7. Subject
to the protections provided by subsection (e) of Section 30-3B-209 of the Uniform Child
Custody Jurisdiction and Enforcement Act, if reasonably ascertainable, the petition must contain:
(1) the name, date of birth, and gender of the child; (2) the usual places of abode and current
physical location of the child; (3) the identity, usual places of abode, and current physical
location of the petitioner and respondent, and an explanation of the relationship...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances
where the change of principal residence of a child results in the relocation of a child to
a residence outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive,
shall apply to actions commenced under this article. (b) Where the parties have been awarded
joint custody, joint legal custody, or joint physical custody of a child as defined in Section
30-3-151, and at least one parent having joint custody, joint legal custody, or joint physical
custody of a child continues to maintain a principal residence in this state, the child shall
have a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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