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-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-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-201
(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...
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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-109
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 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...
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30-3B-210
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 before
the court in person with or without the child. The court may order any person who is in this
state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside
this state, the court may order that a notice given pursuant to Section 30-3B-108 include
a statement directing the party to appear in person with or without the child and informing
the party that failure to appear may result in a decision adverse to the party. (c) The court
may enter any orders necessary to ensure the safety of the child and of any person ordered
to appear under this section. (d) If a party to a child custody proceeding who is outside
this state is directed to appear under subsection (b) or desires to appear...
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30-3C-4
Section 30-3C-4 Actions for abduction prevention measures. (a) A court on its own motion may
order abduction prevention measures in a child-custody proceeding if the court finds that
the evidence establishes a credible risk of abduction of the child. (b) A party to a child-custody
determination or another individual or entity having a right under the law of this state or
any other state to seek a child-custody determination for the child may file a petition seeking
abduction prevention measures to protect the child under this chapter. This chapter creates
no new requirement on the Department of Human Resources or any other social services agency
or entity to file a petition seeking abduction prevention measures on behalf of a child. (Act
2010-212, p. 339, §4.)...
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30-3-169.1
Section 30-3-169.1 Proceedings. (a) A person entitled to custody of or visitation with a child
may commence a proceeding objecting to a proposed change of the principal residence of a child
and seek a temporary or permanent order to prevent the relocation. (b) A non-parent entitled
to visitation with a child may commence a proceeding to obtain a revised schedule of visitation,
but may not object to the proposed change of principal residence of a child or seek a temporary
or permanent order to prevent the change. (c) A proceeding filed under this section must be
filed within 30 days of receipt of notice of a proposed change of principal residence of a
child, except that the court may extend or waive the time for commencing such action upon
a showing of good cause, excusable neglect, or that the notice required by subsection (b)
of Section 30-3-165 is defective or insufficient upon which to base an action under this article.
(d) Except as otherwise specifically provided in this article,...
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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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