(a) Except as otherwise provided in Section 30-3B-204, a court of this state which has made a child custody determination consistent with Section 30-3B-201 or Section 30-3B-203 has continuing, exclusive jurisdiction over the determination until:
(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or
(2) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child custody determination and does not have continuing, exclusive jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 30-3B-201.
(Act 99-438, p. 866, §1.)
Notes of Decisions
Cited in
64
cases (
19 in the last 5 years), 2003–2026 · leading case:
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
· cites it 13× “Section 30-3B-202 provides, in pertinent part: “(a) Except as otherwise provided in Section 30-3B-204, [Ala.Code 1975,] a court of this state which has made a child custody determination consistent with Section 30-3B-201[, Ala.”
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
· cites it 11× “[3] One possible source of subject-matter jurisdiction is § 30-3B-202(a), Ala.Code 1975, which is a part of Alabama's version of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), codified at § 30-3B-101 et seq.”
Baker v. Baker, 25 So. 3d 470 (Ala. Civ. App. 2009).
· cites it 7× “” Ala.Code 1975, § 30-3B-202. In this case, the trial court made the initial custody determination in 1996 when the parties and the children resided in Valley.”
Ex parte Gallant, 221 So. 3d 1120 (Ala. Civ. App. 2016).
· cites it 4× “2016), a majority of this court held that § 30-3B-202 does not apply to enforcement actions.”
Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006).
· cites it 3× “Section 30-3B-202 provides when a court of this state has continuing jurisdiction of a custody case: "(a) Except as otherwise provided in Section 30-3B-204, a court of this state which has made a child custody determination consistent with Section 30-3B-201 or Section 30-3B-203…”
C.J.L. v. M.W.B., 868 So. 2d 451 (Ala. Civ. App. 2003).
· cites it 6× “The trial court had lost continuing exclusive jurisdiction under § 30-3B-202, and it did not have jurisdiction under § 30-3B-201 to modify its January 2002 judgment.”
Collins v. McNutt, 184 So. 3d 1036 (Ala. Civ. App. 2015).
· cites it 9× “’ Therefore, pursuant to the *1039 plain and ordinary meaning of the phrase ‘significant connection,’ exclusive, continuing jurisdiction is retained under [Michigan’s version of § 30-3B-202] as long as the child and at least one parent have an important or meaningful…”
Gallant v. Gallant, 229 So. 3d 797 (Ala. Civ. App. 2017).
· cites it 3× “Section 30-3B-202, Ala. Code 1975, a part of the UC-CJEA, provides: “(a) Except as otherwise provided in Section 30-3B-204[, Ala.”
McGonagle v. McGonagle, 218 So. 3d 1208 (Ala. Civ. App. 2016).
· cites it 6× “” § 30-3B-202, Ala.Code 1975. The circuit court did not address the UCCJEA in its judgment, nor did it make any specific factual findings in support of its conclusion that it had jurisdiction to modify the original custody determination.”
Davis v. Blackstock, 47 So. 3d 796 (Ala. Civ. App. 2007).
· cites it 3× “”); see also § 30-3B-202, Ala.Code 1975, Official Comment (“Jurisdiction attaches at the commencement of a proceeding.”
Ex Parte Davis, 2100515 (ala.civ.app. 10-7-2011), 82 So. 3d 695 (Ala. Civ. App. 2011).
· cites it 2× “§ 36-6-217 and Ala.Code 1975, § 30-3B-202). Thus, we concluded that the Alabama trial court had properly exercised jurisdiction over the custody issue; we did not, however, address whether the Alabama trial court had jurisdiction to determine the child-support issue.”
— Ala. Code § 30-3B-202(a) — 18 cases
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
“Section 30-3B-202 provides, in pertinent part: “(a) Except as otherwise provided in Section 30-3B-204, [Ala.Code 1975,] a court of this state which has made a child custody determination consistent with Section 30-3B-201[, Ala.”
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
“[3] One possible source of subject-matter jurisdiction is § 30-3B-202(a), Ala.Code 1975, which is a part of Alabama's version of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), codified at § 30-3B-101 et seq.”
Ex parte Gallant, 221 So. 3d 1120 (Ala. Civ. App. 2016).
“2016), a majority of this court held that § 30-3B-202 does not apply to enforcement actions.”
Baker v. Baker, 25 So. 3d 470 (Ala. Civ. App. 2009).
“” Ala.Code 1975, § 30-3B-202. In this case, the trial court made the initial custody determination in 1996 when the parties and the children resided in Valley.”
Davis v. Blackstock, 47 So. 3d 796 (Ala. Civ. App. 2007).
“”); see also § 30-3B-202, Ala.Code 1975, Official Comment (“Jurisdiction attaches at the commencement of a proceeding.”
— Ala. Code § 30-3B-202(a)(1) — 9 cases
Collins v. McNutt, 184 So. 3d 1036 (Ala. Civ. App. 2015).
“’ Therefore, pursuant to the *1039 plain and ordinary meaning of the phrase ‘significant connection,’ exclusive, continuing jurisdiction is retained under [Michigan’s version of § 30-3B-202] as long as the child and at least one parent have an important or meaningful…”
Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006).
“Section 30-3B-202 provides when a court of this state has continuing jurisdiction of a custody case: "(a) Except as otherwise provided in Section 30-3B-204, a court of this state which has made a child custody determination consistent with Section 30-3B-201 or Section 30-3B-203…”
— Ala. Code § 30-3B-202(a)(2) — 15 cases
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
“[3] One possible source of subject-matter jurisdiction is § 30-3B-202(a), Ala.Code 1975, which is a part of Alabama's version of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), codified at § 30-3B-101 et seq.”
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
“Section 30-3B-202 provides, in pertinent part: “(a) Except as otherwise provided in Section 30-3B-204, [Ala.Code 1975,] a court of this state which has made a child custody determination consistent with Section 30-3B-201[, Ala.”
Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006).
“Section 30-3B-202 provides when a court of this state has continuing jurisdiction of a custody case: "(a) Except as otherwise provided in Section 30-3B-204, a court of this state which has made a child custody determination consistent with Section 30-3B-201 or Section 30-3B-203…”
Ex parte Gallant, 221 So. 3d 1120 (Ala. Civ. App. 2016).
“2016), a majority of this court held that § 30-3B-202 does not apply to enforcement actions.”
McGonagle v. McGonagle, 218 So. 3d 1208 (Ala. Civ. App. 2016).
“” § 30-3B-202, Ala.Code 1975. The circuit court did not address the UCCJEA in its judgment, nor did it make any specific factual findings in support of its conclusion that it had jurisdiction to modify the original custody determination.”
— Ala. Code § 30-3B-202(b) — 15 cases
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
“Section 30-3B-202 provides, in pertinent part: “(a) Except as otherwise provided in Section 30-3B-204, [Ala.Code 1975,] a court of this state which has made a child custody determination consistent with Section 30-3B-201[, Ala.”
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
“[3] One possible source of subject-matter jurisdiction is § 30-3B-202(a), Ala.Code 1975, which is a part of Alabama's version of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), codified at § 30-3B-101 et seq.”
Gallant v. Gallant, 229 So. 3d 797 (Ala. Civ. App. 2017).
“Section 30-3B-202, Ala. Code 1975, a part of the UC-CJEA, provides: “(a) Except as otherwise provided in Section 30-3B-204[, Ala.”
Baker v. Baker, 25 So. 3d 470 (Ala. Civ. App. 2009).
“” Ala.Code 1975, § 30-3B-202. In this case, the trial court made the initial custody determination in 1996 when the parties and the children resided in Valley.”
C.J.L. v. M.W.B., 868 So. 2d 451 (Ala. Civ. App. 2003).
“The trial court had lost continuing exclusive jurisdiction under § 30-3B-202, and it did not have jurisdiction under § 30-3B-201 to modify its January 2002 judgment.”
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