In this chapter, the following terms shall have the following meanings:
(1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age.
(3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) CHILD CUSTODY PROCEEDING. A proceeding in a court in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a court proceeding involving juvenile delinquency, contractual emancipation, adoption, or enforcement under Article 3.
(5) COMMENCEMENT. The filing of the first pleading in a proceeding.
(6) COURT. An entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(7) HOME STATE. The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child or any of the mentioned persons is part of the period.
(8) INITIAL DETERMINATION. The first child custody determination concerning a particular child.
(9) ISSUING COURT. The court that makes a child custody determination for which enforcement is sought under this chapter.
(10) ISSUING STATE. The state in which a child custody determination is made.
(11) MODIFICATION. A child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(12) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(13) PERSON ACTING AS A PARENT. A person, other than a parent, who:
a. Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
b. Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(14) PHYSICAL CUSTODY. The physical care and supervision of a child.
(15) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16) WARRANT. An order issued by a court authorizing law enforcement officers to take physical custody of a child.
(Act 99-438, p. 866, §1.)
Notes of Decisions
H.T. v. Cleburne Cnty. Dep't of Human Resources, 163 So. 3d 1054 (Ala. Civ. App. 2014).
· cites it 9× “” § 30-3B-102(3). There is no dispute that this case involves “child custody proceedings” and that the juvenile court made child-custody determinations pertaining to the child.”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
· cites it 14× “The father has not challenged the maternal grandparents’ status as “person[s] acting as a parent” under § 30-3B-102(13). Under the UCCJEA a "person acting as a parent" is: "A person, other than a parent, who: "a.”
Fordham v. Siderius, 144 So. 3d 319 (Ala. 2013).
· cites it 7× “” § 30-3B-102(7), Ala.Code 1975. Alabama adopted the UCCJEA to achieve the following purposes: “(1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to…”
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
· cites it 6× “A "modification’ 1 is defined in § 30-3B-102(11) as "[a] child custody determination *1195 that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous…”
B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014).
· cites it 9× “The grandmother maintains' that the child had been in her physical custody for more than six months before the commencement of the proceedings and that during that time she had acted as a parent for the child.”
Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006).
· cites it 4× “The Official Comment to § 30-3B-102 notes that "[t]he term `person acting as a parent'.”
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
· cites it 6× “children were in the physical custody of their maternal grandparents for a period of six consecutive months within one year immediately before the mother's petition was filed in December 2004, there is no evidence in the record tending to establish that the maternal grandparents…”
M.B. v. B.B., 244 So. 3d 128 (Ala. Civ. App. 2017).
· cites it 5× “" § 30-3B-102(3) ; see also D.B. v. Coffee Cty.”
G.S. v. R.L., 259 So. 3d 677 (Ala. Civ. App. 2018).
· cites it 4× “2 That information should have triggered the juvenile court to investigate its jurisdiction over the petitions under the Uniform Child Custody Jurisdiction and Enforcement Act ("the UCCJEA"), §§ 30-3B-101 et seq.”
Ex parte Gallant, 221 So. 3d 1120 (Ala. Civ. App. 2016).
· cites it 2× “See Ala. Code 1975, § 30-3B-102(3) (“The term [child-custody determination] does not include an order relating to child support or other monetary obligation of an individual.”
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014).
· cites it 6× “” § 30-3B-102(1), Ala. Code 1975. In Alabama, juvenile courts are authorized to make child-custody determinations only in limited contexts, as outlined in the Alabama Juvenile Justice Act of 2008 (“the AJJA”), § 12-15-101 et seq.”
Gray v. Gray, 139 So. 3d 802 (Ala. Civ. App. 2013).
· cites it 4× “” The UCCJEA defines “home state” in § 30-3B-102(7), which reads in its entirety: “The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.”
— Ala. Code § 30-3B-102(1) — 3 cases
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014).
“” § 30-3B-102(1), Ala. Code 1975. In Alabama, juvenile courts are authorized to make child-custody determinations only in limited contexts, as outlined in the Alabama Juvenile Justice Act of 2008 (“the AJJA”), § 12-15-101 et seq.”
Rl v. Jer, 69 So. 3d 898 (Ala. Civ. App. 2011).
— Ala. Code § 30-3B-102(11) — 2 cases
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
“A "modification’ 1 is defined in § 30-3B-102(11) as "[a] child custody determination *1195 that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous…”
— Ala. Code § 30-3B-102(12) — 3 cases
— Ala. Code § 30-3B-102(13) — 13 cases
B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014).
“The grandmother maintains' that the child had been in her physical custody for more than six months before the commencement of the proceedings and that during that time she had acted as a parent for the child.”
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
“children were in the physical custody of their maternal grandparents for a period of six consecutive months within one year immediately before the mother's petition was filed in December 2004, there is no evidence in the record tending to establish that the maternal grandparents…”
Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006).
“The Official Comment to § 30-3B-102 notes that "[t]he term `person acting as a parent'.”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“The father has not challenged the maternal grandparents’ status as “person[s] acting as a parent” under § 30-3B-102(13). Under the UCCJEA a "person acting as a parent" is: "A person, other than a parent, who: "a.”
— Ala. Code § 30-3B-102(14) — 7 cases
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
“children were in the physical custody of their maternal grandparents for a period of six consecutive months within one year immediately before the mother's petition was filed in December 2004, there is no evidence in the record tending to establish that the maternal grandparents…”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“The father has not challenged the maternal grandparents’ status as “person[s] acting as a parent” under § 30-3B-102(13). Under the UCCJEA a "person acting as a parent" is: "A person, other than a parent, who: "a.”
— Ala. Code § 30-3B-102(15) — 3 cases
Jt v. Ac, 892 So. 2d 928 (Ala. Civ. App. 2004).
— Ala. Code § 30-3B-102(3) — 37 cases
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
“A "modification’ 1 is defined in § 30-3B-102(11) as "[a] child custody determination *1195 that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous…”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“The father has not challenged the maternal grandparents’ status as “person[s] acting as a parent” under § 30-3B-102(13). Under the UCCJEA a "person acting as a parent" is: "A person, other than a parent, who: "a.”
H.T. v. Cleburne Cnty. Dep't of Human Resources, 163 So. 3d 1054 (Ala. Civ. App. 2014).
“” § 30-3B-102(3). There is no dispute that this case involves “child custody proceedings” and that the juvenile court made child-custody determinations pertaining to the child.”
Ex parte Gallant, 221 So. 3d 1120 (Ala. Civ. App. 2016).
“See Ala. Code 1975, § 30-3B-102(3) (“The term [child-custody determination] does not include an order relating to child support or other monetary obligation of an individual.”
— Ala. Code § 30-3B-102(4) — 44 cases
H.T. v. Cleburne Cnty. Dep't of Human Resources, 163 So. 3d 1054 (Ala. Civ. App. 2014).
“” § 30-3B-102(3). There is no dispute that this case involves “child custody proceedings” and that the juvenile court made child-custody determinations pertaining to the child.”
G.S. v. R.L., 259 So. 3d 677 (Ala. Civ. App. 2018).
“2 That information should have triggered the juvenile court to investigate its jurisdiction over the petitions under the Uniform Child Custody Jurisdiction and Enforcement Act ("the UCCJEA"), §§ 30-3B-101 et seq.”
M.B. v. B.B., 244 So. 3d 128 (Ala. Civ. App. 2017).
“" § 30-3B-102(3) ; see also D.B. v. Coffee Cty.”
— Ala. Code § 30-3B-102(6) — 1 case
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014).
“” § 30-3B-102(1), Ala. Code 1975. In Alabama, juvenile courts are authorized to make child-custody determinations only in limited contexts, as outlined in the Alabama Juvenile Justice Act of 2008 (“the AJJA”), § 12-15-101 et seq.”
— Ala. Code § 30-3B-102(7) — 47 cases
Fordham v. Siderius, 144 So. 3d 319 (Ala. 2013).
“” § 30-3B-102(7), Ala.Code 1975. Alabama adopted the UCCJEA to achieve the following purposes: “(1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to…”
H.T. v. Cleburne Cnty. Dep't of Human Resources, 163 So. 3d 1054 (Ala. Civ. App. 2014).
“” § 30-3B-102(3). There is no dispute that this case involves “child custody proceedings” and that the juvenile court made child-custody determinations pertaining to the child.”
M.B. v. B.B., 244 So. 3d 128 (Ala. Civ. App. 2017).
“" § 30-3B-102(3) ; see also D.B. v. Coffee Cty.”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“The father has not challenged the maternal grandparents’ status as “person[s] acting as a parent” under § 30-3B-102(13). Under the UCCJEA a "person acting as a parent" is: "A person, other than a parent, who: "a.”
Gray v. Gray, 139 So. 3d 802 (Ala. Civ. App. 2013).
“” The UCCJEA defines “home state” in § 30-3B-102(7), which reads in its entirety: “The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.”
— Ala. Code § 30-3B-102(8) — 15 cases
Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006).
“The Official Comment to § 30-3B-102 notes that "[t]he term `person acting as a parent'.”
H.T. v. Cleburne Cnty. Dep't of Human Resources, 163 So. 3d 1054 (Ala. Civ. App. 2014).
“” § 30-3B-102(3). There is no dispute that this case involves “child custody proceedings” and that the juvenile court made child-custody determinations pertaining to the child.”
— Ala. Code § 30-3B-102(H) — 1 case
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
“A "modification’ 1 is defined in § 30-3B-102(11) as "[a] child custody determination *1195 that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous…”
— Ala. Code § 30-3B-102(l) — 3 cases
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014).
“” § 30-3B-102(1), Ala. Code 1975. In Alabama, juvenile courts are authorized to make child-custody determinations only in limited contexts, as outlined in the Alabama Juvenile Justice Act of 2008 (“the AJJA”), § 12-15-101 et seq.”
— Ala. Code § 30-3B-102(ll) — 2 cases
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