AMENDED BY ACT 2026-237, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 30-3B-201 through 30-3B-203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Sections 30-3B-201 through 30-3B-203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 30-3B-201 through 30-3B-203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
(Act 99-438, p. 866, §1.)
Notes of Decisions
J.D. v. Lauderdale Cnty. Dep't of Human Resources, 121 So. 3d 381 (Ala. Civ. App. 2013).
· cites it 20× “Because we conclude that the father is correct in arguing that the juvenile court lacked subject-matter jurisdiction to enter its dependency judgment, we dismiss the appeal with instructions that the juvenile court vacate its August 20, 2012, dependency judgment and that it…”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
· cites it 30× “under Ala.Code 1975, § 30-3B-204, based on its entry of the PFA order 4 and its continuing jurisdiction under the Parental Kidnapping Prevention Act (“the PKPA”).”
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
· cites it 20× “If no defense to the enforce *657 ment action is established, the Alabama trial court must enforce the other state’s custody judgment unless the Alabama trial court has issued a temporary emergency order pursuant to § 30-3B-204. See Ala. Code 1975, § 30-3B-310(a).”
G.S. v. R.L., 259 So. 3d 677 (Ala. Civ. App. 2018).
· cites it 10× “The guardian ad litem for the children filed a motion summarizing statements made by the maternal grandmother that indicated that the maternal grandmother had removed the children from the home of the mother because the mother's house was unclean and because the mother and her…”
M.B. v. B.B., 244 So. 3d 128 (Ala. Civ. App. 2017).
· cites it 6× “However, the record before this court does not indicate whether such a Colorado dependency action was initiated and, if so, whether, after the child was moved to the custodians' home in Alabama, the Colorado courts declined to exercise jurisdiction over the child pursuant to…”
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
· cites it 5× “Another possible source of subject-matter jurisdiction is § 30-3B-204, Ala. *1101 Code 1975, which is also a part of Alabama's version of the UCCJEA.”
T.B. v. T.A.P., 979 So. 2d 80 (Ala. Civ. App. 2007).
· cites it 23× “In that motion, the aunt and uncle requested for the first time that the Alabama court assert temporary emergency jurisdiction over the action pursuant to Ala. Code 1975, § 30-3B-204. That section allows an Alabama court to exercise jurisdiction over a custody issue if the child…”
M.W. v. C.W., 60 So. 3d 301 (Ala. Civ. App. 2010).
· cites it 12× “” Although the juvenile court in the present case might have been exercising temporary emergency jurisdiction pursuant to § 30-3B-204 when it entered the March 29, 2010, temporary orders, we do not address the propriety of those orders because the mother did not file an appeal…”
B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014).
· cites it 5× “As noted in the Official Comment to § 30-3B-204, “a custody determination made under the emergency jurisdiction provisions of this section is a temporary order.”
Patrick v. Williams, 952 So. 2d 1131 (Ala. Civ. App. 2006).
· cites it 2× “Section 30-3B-201 of the UCCJEA summarizes when a court of this state has jurisdiction to make an initial custody determination: "(a) Except as otherwise provided in Section 30-3B-204, a court of this state has jurisdiction to make an initial child custody determination only if:…”
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014).
· cites it 8× “2 See § 30-3B-204, Ala. Code 1975. That same day the father’s attorney filed an affidavit, which stated that “no effort ha[d] been made to notify the [mother] of this filing due to the erratic behavior displayed by the [mother,] which was related to me by [the father].”
Weesner v. Diefenbach, 64 So. 3d 1091 (Ala. Civ. App. 2010).
· cites it 4× “There has been no allegation that this case involves such an emergency situation, and, therefore, we do not discuss § 30-3B-204. . Again, jurisdiction under § 30-3B-201(a)(l) or (2) is a prerequisite for jurisdiction to modify a child-custody judgment pursuant to § 30-3B-203.”
— Ala. Code § 30-3B-204(a) — 30 cases
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
“If no defense to the enforce *657 ment action is established, the Alabama trial court must enforce the other state’s custody judgment unless the Alabama trial court has issued a temporary emergency order pursuant to § 30-3B-204. See Ala. Code 1975, § 30-3B-310(a).”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“under Ala.Code 1975, § 30-3B-204, based on its entry of the PFA order 4 and its continuing jurisdiction under the Parental Kidnapping Prevention Act (“the PKPA”).”
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014).
“2 See § 30-3B-204, Ala. Code 1975. That same day the father’s attorney filed an affidavit, which stated that “no effort ha[d] been made to notify the [mother] of this filing due to the erratic behavior displayed by the [mother,] which was related to me by [the father].”
J.D. v. Lauderdale Cnty. Dep't of Human Resources, 121 So. 3d 381 (Ala. Civ. App. 2013).
“Because we conclude that the father is correct in arguing that the juvenile court lacked subject-matter jurisdiction to enter its dependency judgment, we dismiss the appeal with instructions that the juvenile court vacate its August 20, 2012, dependency judgment and that it…”
G.S. v. R.L., 259 So. 3d 677 (Ala. Civ. App. 2018).
“The guardian ad litem for the children filed a motion summarizing statements made by the maternal grandmother that indicated that the maternal grandmother had removed the children from the home of the mother because the mother's house was unclean and because the mother and her…”
— Ala. Code § 30-3B-204(b) — 17 cases
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“under Ala.Code 1975, § 30-3B-204, based on its entry of the PFA order 4 and its continuing jurisdiction under the Parental Kidnapping Prevention Act (“the PKPA”).”
B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014).
“As noted in the Official Comment to § 30-3B-204, “a custody determination made under the emergency jurisdiction provisions of this section is a temporary order.”
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
“If no defense to the enforce *657 ment action is established, the Alabama trial court must enforce the other state’s custody judgment unless the Alabama trial court has issued a temporary emergency order pursuant to § 30-3B-204. See Ala. Code 1975, § 30-3B-310(a).”
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014).
“2 See § 30-3B-204, Ala. Code 1975. That same day the father’s attorney filed an affidavit, which stated that “no effort ha[d] been made to notify the [mother] of this filing due to the erratic behavior displayed by the [mother,] which was related to me by [the father].”
— Ala. Code § 30-3B-204(c) — 14 cases
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
“If no defense to the enforce *657 ment action is established, the Alabama trial court must enforce the other state’s custody judgment unless the Alabama trial court has issued a temporary emergency order pursuant to § 30-3B-204. See Ala. Code 1975, § 30-3B-310(a).”
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“under Ala.Code 1975, § 30-3B-204, based on its entry of the PFA order 4 and its continuing jurisdiction under the Parental Kidnapping Prevention Act (“the PKPA”).”
J.D. v. Lauderdale Cnty. Dep't of Human Resources, 121 So. 3d 381 (Ala. Civ. App. 2013).
“Because we conclude that the father is correct in arguing that the juvenile court lacked subject-matter jurisdiction to enter its dependency judgment, we dismiss the appeal with instructions that the juvenile court vacate its August 20, 2012, dependency judgment and that it…”
M.W. v. C.W., 60 So. 3d 301 (Ala. Civ. App. 2010).
“” Although the juvenile court in the present case might have been exercising temporary emergency jurisdiction pursuant to § 30-3B-204 when it entered the March 29, 2010, temporary orders, we do not address the propriety of those orders because the mother did not file an appeal…”
— Ala. Code § 30-3B-204(d) — 16 cases
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“under Ala.Code 1975, § 30-3B-204, based on its entry of the PFA order 4 and its continuing jurisdiction under the Parental Kidnapping Prevention Act (“the PKPA”).”
J.D. v. Lauderdale Cnty. Dep't of Human Resources, 121 So. 3d 381 (Ala. Civ. App. 2013).
“Because we conclude that the father is correct in arguing that the juvenile court lacked subject-matter jurisdiction to enter its dependency judgment, we dismiss the appeal with instructions that the juvenile court vacate its August 20, 2012, dependency judgment and that it…”
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
“If no defense to the enforce *657 ment action is established, the Alabama trial court must enforce the other state’s custody judgment unless the Alabama trial court has issued a temporary emergency order pursuant to § 30-3B-204. See Ala. Code 1975, § 30-3B-310(a).”
G.S. v. R.L., 259 So. 3d 677 (Ala. Civ. App. 2018).
“The guardian ad litem for the children filed a motion summarizing statements made by the maternal grandmother that indicated that the maternal grandmother had removed the children from the home of the mother because the mother's house was unclean and because the mother and her…”
T.B. v. T.A.P., 979 So. 2d 80 (Ala. Civ. App. 2007).
“In that motion, the aunt and uncle requested for the first time that the Alabama court assert temporary emergency jurisdiction over the action pursuant to Ala. Code 1975, § 30-3B-204. That section allows an Alabama court to exercise jurisdiction over a custody issue if the child…”
— Ala. Code § 30-3B-204(e) — 1 case
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