Code of Alabama
Ala. Code § 30-3-5 (2026)
Venue of All Proceedings Seeking Modification of Child Custody, Visitation Rights, or Child Support.
✓ official Alabama Legislature (ALISON) text, current July 2026
Notwithstanding any law to the contrary, venue of all proceedings for petitions or other actions seeking modification, interpretation, or enforcement of a final decree awarding custody of a child or children to a parent and/or granting visitation rights, and/or awarding child support, and/or awarding other expenses incident to the support of a minor child or children, and/or granting post-minority benefits for a child or children is changed so that venue will lie in: (1) the original circuit court rendering the final decree; or (2) in the circuit court of the county where both the current custodial parent or, in the case of post-minority benefits, where the most recent custodial parent, that parent having custody at the time of the child’s attaining majority, and the child or children have resided for a period of at least three consecutive years immediately preceding the filing of the petition or other action. The current or most recent custodial parent shall be able to choose the particular venue as herein provided, regardless of which party files the petition or other action.
(Acts 1984, No. 84-324, p. 744; Acts 1990, No. 90-666, p. 1282.)
Notes of Decisions
Cited in 43
cases (2 in the last 5 years), 1988–2024 · leading case: M.A.G. v. L.W., 160 So. 3d 22 (Ala. Civ. App. 2014).
M.A.G. v. L.W., 160 So. 3d 22 (Ala. Civ. App. 2014). “The father asserted that the mother had untimely raised the venue issue and that, as a result, she had waived that issue; he also asserted that she had failed to establish, pursuant to Ala.Code 1975, § 30-3-5, that she was entitled to *24 have the action transferred to Dallas…”
Brandon v. Brandon, 113 So. 3d 638 (Ala. 2012). “In his motion for a change of venue, the father explained: “[P]ursuant to § 30-3-5, [Ala.Code 1975,] since the prior orders regarding custody of [the minor son] were entered in the Circuit Court of Tuscaloosa County, and since [the father] and [the minor son] have resided in…”
Ex Parte Sawyer, 892 So. 2d 898 (Ala. 2004). “Provided, however, this section shall not apply to cases subject to Section 30-3-5." 5 Section 6-5-542 (1) defines a "health care provider" as "[a] medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as…”
Ex Parte Vest, 2100647 (ala.civ.app. 9-2-2011), 130 So. 3d 566 (Ala. Civ. App. 2011). “Because the mother and the parties’ child had not resided in a county in Alabama for a period of at least three consecutive years immediately preceding the filing of her postdivorce proceeding in the Mobile Circuit Court, § 30-3-5 dictated that the proper venue for the mother’s…”
Ex Parte Edgar, 543 So. 2d 682 (Ala. 1989). “Provided, however, this section shall not apply to cases subject to section 30-3-5. "(b) The right of a party to move for a change or transfer of venue pursuant to this statute is cumulative and in addition to the rights of a party to move for a change or transfer of venue…”
Johnson v. Hooks, 692 So. 2d 843 (Ala. Civ. App. 1997). “The mother moved to transfer the petition, pursuant to § 30-3-5, Ala.Code 1975, requesting that it be transferred from the Birmingham Division to the Bessemer Division.”
Robertson v. Robertson, 161 So. 3d 241 (Ala. Civ. App. 2014). “The former wife filed an answer to the petition to show cause on March 17, 2014; on April 1, 2014, she then filed a response to the former husband’s motion to set the case for trial and a motion to transfer the action to the Blount Circuit Court pursuant to § 30-3-5, Ala.Code…”
Swindle v. Swindle, 55 So. 3d 1234 (Ala. Civ. App. 2010). “In support of the three issues listed above, the former wife cites Ala.Code 1975, § 30-3-5, which sets forth the appropriate venue for an action seeking modification of child support, among other things, and Ala.”
Johnson v. Meadows, 628 So. 2d 892 (Ala. Civ. App. 1993). “Ala. Code 1975, § 30-3-5. That code section provides that venue will lie in either the circuit court which granted custody to the current custodial parent or in the circuit court of the county wherein the current custodial parent and the minor child have resided for a period of…”
Carpenter v. Hester, 682 So. 2d 6 (Ala. 1996). “The father argues that he is the son’s custodial parent and that, under Ala.Code 1975, § 30-3-5, he has a clear and undisputable legal right to choose the venue of the mother’s petition for modification of the custody order.”
Wilkinson v. Wilkinson, 905 So. 2d 1 (Ala. Civ. App. 2004). “§ 30-3-5 , and Woodward v. Woodward, 656 P.”
Ex Parte Vest, 68 So. 3d 881 (Ala. Civ. App. 2011). “Section 30-3-5, Ala.Code 1975, provides: "Notwithstanding any law to the contrary, venue of all proceedings for petitions or other actions seeking modification, interpretation, or enforcement of a final decree awarding custody of a child or children to a parent and/or granting…”
— Ala. Code § 30-3-5(1) — 3 cases
Rose v. Rice, 101 So. 3d 777 (Ala. Civ. App. 2012).
Gallant v. Gallant, 274 So. 3d 986 (Ala. Civ. App. 2018).
Gallant v. Gallant, 274 So. 3d 986 (Ala. Civ. App. 2018).
— Ala. Code § 30-3-5(2) — 4 cases
Abernathy v. State Ex Rel. Dunn, 627 So. 2d 425 (Ala. Civ. App. 1993).
Ex Parte C.G. Petition for Writ of Mandamus (in Re: C.G. v. F.h.) (lee Juv. Court: Cs-11-306.04). (Ala. Civ. App. 2024).
Ex Parte C.G. Petition for Writ of Mandamus (in Re: C.G. v. F.h.) (lee Juv. Court: Cs-11-306.03). (Ala. Civ. App. 2024).
Rose v. Rice, 101 So. 3d 777 (Ala. Civ. App. 2012).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.