Code of Alabama

Ala. Code § 12-15-302 (2026)

Venue Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) Dependency proceedings shall be commenced in the county where the child resides, in the county where the child is present when the proceedings are commenced, or in the county where the acts that are the basis of the dependency petition occurred.

(b) Regardless of the county where the child currently resides, when a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency, and one of the individuals who was a party to the original proceeding still resides in the county of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile court of the original jurisdiction.

(c) When a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency in which all parties to the original action, including the child, no longer reside in the county of original jurisdiction, the petition shall be filed in the county where the child resides at the time the petition is filed. The petition shall be accompanied by a certified copy of the most recent order to be modified.

(d) For purposes of this section, county where the child resides means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency.

(Act 2008-277, p. 441, §16.)

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2013–2025 · leading case: N.M. v. K.M., 132 So. 3d 1088 (Ala. Civ. App. 2013).
N.M. v. K.M., 132 So. 3d 1088 (Ala. Civ. App. 2013). · cites it 5× “” § 12-15-302. Because the attachments to the paternal grandmother’s petition support the conclusion that none of the parties or the children reside in Etowah County and that the children reside in St.”
Ex parte C.B.S. PETITION FOR WRIT OF MANDAMUS (In re: In the matter of O.W.) (Franklin Juv. Court: JU-20-290.01). (Ala. Civ. App. 2025). · cites it 2× “" 4The custodian contends that the mother would have had to file a petition to modify the July 29, 2022, judgment in the Lauderdale Juvenile Court because, she says, all the parties and the child had moved to Lauderdale County, see Ala. Code 1975, § 12-15-302(c); however, we…”
M.S. v. C.R. (Appeal from Elmore Circuit Court: JU-22-244.04). (Ala. Civ. App. 2024). “See § 12-15-302(c), Ala. Code 1975 (governing venue for actions to modify child-custody provisions in a dependency judgment).”
M.S. v. A.D. & K.D. (Appeal from Elmore Circuit Court: JU-22-244.05). (Ala. Civ. App. 2024). “See § 12-15-302(c), Ala. Code 1975 (governing venue for actions to modify child-custody provisions in a dependency judgment).”
— Ala. Code § 12-15-302(c) — 4 cases
N.M. v. K.M., 132 So. 3d 1088 (Ala. Civ. App. 2013). “” § 12-15-302. Because the attachments to the paternal grandmother’s petition support the conclusion that none of the parties or the children reside in Etowah County and that the children reside in St.”
Ex parte C.B.S. PETITION FOR WRIT OF MANDAMUS (In re: In the matter of O.W.) (Franklin Juv. Court: JU-20-290.01). (Ala. Civ. App. 2025). “" 4The custodian contends that the mother would have had to file a petition to modify the July 29, 2022, judgment in the Lauderdale Juvenile Court because, she says, all the parties and the child had moved to Lauderdale County, see Ala. Code 1975, § 12-15-302(c); however, we…”
M.S. v. C.R. (Appeal from Elmore Circuit Court: JU-22-244.04). (Ala. Civ. App. 2024). “See § 12-15-302(c), Ala. Code 1975 (governing venue for actions to modify child-custody provisions in a dependency judgment).”
M.S. v. A.D. & K.D. (Appeal from Elmore Circuit Court: JU-22-244.05). (Ala. Civ. App. 2024). “See § 12-15-302(c), Ala. Code 1975 (governing venue for actions to modify child-custody provisions in a dependency judgment).”
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