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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30-3-131
Section 30-3-131 Determination raises rebuttable presumption that custody with perpetrator
detrimental to child. In every proceeding where there is at issue a dispute as to the custody
of a child, a determination by the court that domestic or family violence has occurred raises
a rebuttable presumption by the court that it is detrimental to the child and not in the best
interest of the child to be placed in sole custody, joint legal custody, or joint physical
custody with the perpetrator of domestic or family violence. Notwithstanding the provisions
regarding rebuttable presumption, the judge must also take into account what, if any, impact
the domestic violence had on the child. (Acts 1995, No. 95-629, p. 1332, §2.)...
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30-3-132
Section 30-3-132 Factors court must consider. (a) In addition to other factors that a court
is required to consider in a proceeding in which the custody of a child or visitation by a
parent is at issue and in which the court has made a finding of domestic or family violence
the court shall consider each of the following: (1) The safety and well-being of the child
and of the parent who is the victim of family or domestic violence. (2) The perpetrator's
history of causing physical harm, bodily injury, assault, or causing reasonable fear
of physical harm, bodily injury, or assault, to another person. (b) If a parent is
absent or relocates because of an act of domestic or family violence by the other parent,
the absence or relocation may not be a factor that weighs against the parent in determining
the custody or visitation. (Acts 1995, No. 95-629, p. 1332, §3.)...
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30-3B-205
Section 30-3B-205 Notice; opportunity to be heard; joinder. (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.
(Act 99-438, p. 866, §1.)...
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30-3B-405
Section 30-3B-405 Transitional provision. A motion or other request for relief made in a child
custody proceeding or to enforce a child custody determination which was commenced before
January 1, 2000, is governed by the law in effect at the time the motion or other request
was made. (Act 99-438, p. 866, §1.)...
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30-3-134
Section 30-3-134 Finding of domestic violence constitutes change in circumstances. In every
proceeding in which there is at issue the modification of an order for custody or visitation
of a child, a finding that domestic or family violence has occurred since the last custody
determination constitutes a finding of change in circumstances. (Acts 1995, No. 95-629, p.
1332, §5.)...
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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, §1.)...

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30-3-133
Section 30-3-133 Determination raises rebuttable presumption that child reside with parent
not perpetrator. In every proceeding where there is at issue a dispute as to the custody of
a child, a determination by the court that domestic or family violence has occurred raises
a rebuttable presumption by the court that it is in the best interest of the child to reside
with the parent who is not a perpetrator of domestic or family violence in the location of
that parent's choice, within or outside the state. (Acts 1995, No. 95-629, p. 1332, §4.)...

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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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30-3-169.7
Section 30-3-169.7 Change of principal residence raised in conjunction with other petition.
If the issue of change of principal residence of a child is presented in a petition for divorce
or dissolution of a marriage or other petition to determine custody of or visitation with
a child, the court shall consider, among other evidence, the factors set forth in Sections
30-3-169.2 and 30-3-169.3 in making its initial determination. (Act 2003-364, p. 1017, §17.)...

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