Code of Alabama

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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-303
Section 30-3B-303 Duty to enforce. (a) A court of this state shall recognize and enforce a
child custody determination of a court of another state if the latter court exercised jurisdiction
in substantial conformity with this chapter or the determination was made under factual circumstances
meeting the jurisdictional standards of this chapter and the determination has not been modified
in accordance with this chapter. (b) A court of this state may utilize any remedy available
under other law of this state to enforce a child custody determination made by a court of
another state. The remedies provided in this article are cumulative and do not affect the
availability of other remedies to enforce a child custody determination. (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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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child. (a) When
any minor or child against whom a petition has been filed seeking to commit the minor or child
to the custody of the department is initially brought before the juvenile court, the juvenile
court shall provide a copy of the petition and if requested, read the petition to the minor
or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform
those persons verbally and in writing of the date, time, and place of the next hearing to
be held in regard to the minor or child, the purpose of the hearing, the rights of the minor
or child at the hearing, and the possible consequences of the hearing. (b) The juvenile court
shall appoint a child's attorney for the minor or child. The juvenile court may appoint a
guardian ad litem in addition to the child's attorney. No statement made or act done by the
minor or child in the presence of the juvenile court prior to the minor...
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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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30-3-9
Section 30-3-9 Effect of military deployment of parent on child custody determinations. (a)
A military deployment, including past, previous, or future deployments, may not be considered
by the court as the sole factor when making an original child custody determination, or in
modifying an existing child custody determination, in any proceeding involving any person
who has sought, or is seeking, custodial rights to, or visitation rights with, a child. (b)
Any order granting a continuance or stay of a child custody case granted pursuant to the Federal
Servicemembers Civil Relief Act, 50 App. U.S.C. Sections 501 to 596, inclusive, may include
a pendente lite custody determination order. (c) Nothing in this section shall be construed
so as to limit or expand the legal rights of any person under any existing law. (Act 2015-366,
§1.)...
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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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30-3B-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-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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