Code of Alabama
Ala. Code § 26-10A-18 (2026)
Custody Pending Final Decree.
✓ official Alabama Legislature (ALISON) text, current July 2026
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)
Notes of Decisions
Cited in 25
cases (2 in the last 5 years), 1999–2024 · leading case: E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008).
E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008). “See Comment to § 26-10A-18. As foster parents licensed by DHR, the foster parents had authority to authorize medical treatment for the child.”
F.P. v. J.K.M., 857 So. 2d 125 (Ala. 2003). “” § 26-10A-18. Therefore, once the prospective adoptive parents petitioned to adopt [the child] they assumed responsibility for his care and support, and, thus, relieved the father of "any duty of support.”
T.C.M. v. W.L.K., 208 So. 3d 39 (Ala. Civ. App. 2016). “Id. He was served with the adoption petition, and, upon the advice of his Florida counsel, the father sought legal counsel in Alabama.”
R.W.S. v. C.B.D., 244 So. 3d 987 (Ala. Civ. App. 2017). “See § 26-10A-18, Ala. Code 1975. On September 12, 2016, R.”
C.V. v. J.M.J., 810 So. 2d 700 (Ala. 2001). “” § 26-10A-18. Therefore, once the prospective adoptive parents petitioned to adopt Baby Boy G.”
Mauldin v. Bearden, 293 S.W.3d 392 (Ky. 2009). “See Ala.Code § 26-10A-18. Thus despite the circuitous route taken to get there, the family court correctly deferred to the Alabama court, and did not abuse its discretion.”
M.D.C. v. K.D., 39 So. 3d 1117 (Ala. 2009). “§ 26-10A-18, Ala.Code 1975. This provision of the Adoption Code delegates custody (unless custody is retained by the Department of Human Resources or a licensed child-placing agency that held custody at the time of placement) as well as “(2) the responsibility for the care,…”
S.J.S. v. B.R., 949 So. 2d 941 (Ala. Civ. App. 2006). “The probate court entered an interlocutory order, pursuant to § 26-10A-18, Ala.Code 1975, transferring to the aunt and the uncle the responsibility for the child’s maintenance and support.”
Alabama Dep't of Human Resources v. B.V., 59 So. 3d 700 (Ala. Civ. App. 2010). “pursuant to § 26-10A-18. However, we need not determine whether the Jefferson Probate Court erred when it entered that interlocutory order awarding custody of J.”
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001). “The Autauga County probate judge, pursuant to § 26-10A-18, issued an interlocutory order giving R.”
F.P. v. J.K.M., 857 So. 2d 110 (Ala. Civ. App. 2001). “’ § 26-10A-18. Therefore, once the prospective adoptive parents petitioned to adopt [the child] they assumed responsibility for his care and support, and, thus, relieved the father of any duty of support.”
B.F. v. L.J., 771 So. 2d 1029 (Ala. Civ. App. 1999). “Ala.Code 1975, § 26-10A-18. B.F. was not required to support the child during the pendency of the adoption proceedings; pursuant to law, the adoptive mother undertook full responsi *1032 bility for the child when she filed the petition.”
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