(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state:
(1) A letter or other document requesting registration;
(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
(3) Except as otherwise provided in Section 30-3B-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall:
(1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(2) Serve notice upon the persons named pursuant to subsection (a)(3) and provide them with an opportunity to contest the registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state that:
(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(2) A hearing to contest the validity of the registered determination must be requested within 30 days after service of notice; and
(3) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order must request a hearing within 30 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(1) The issuing court did not have jurisdiction under Article 2;
(2) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2; or
(3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of Section 30-3B-108, in the proceedings before the court that issued the order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
(Act 99-438, p. 866, §1.)
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 2006–2023 · leading case:
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
· cites it 7× “On May 25, 2010, the paternal grandmother and the paternal grandfather (referred to collectively at times as “the paternal grandparents”) filed a “Notice of Registration of Child Custody Determination” pursuant to Ala.Code 1975, § 30-3B-305, a portion of the Uniform Child…”
Garrett v. Williams, 68 So. 3d 846 (Ala. Civ. App. 2011).
· cites it 7× “Among other arguments, the mother alleged that the paternal grandparents had not complied with the registration requirements of § 30-3B-305, Ala.Code 1975, a part of the Uniform Child Custody Jurisdiction and Enforcement Act (“the UC-CJEA”), § 30-3B-101 et seq.”
Davis v. Self, 960 F. Supp. 2d 1276 (N.D. Ala. 2013).
· cites it 4× “Code 1975, a part of the UIFSA, and § 30-3B-305, Ala.Code 1975, a part of the UCC JEA.”
Leopold v. Leopold, 955 So. 2d 1031 (Ala. Civ. App. 2006).
· cites it 2× “The trial court conducted a hearing on September 20, 2004; at that proceeding, the mother and the father acknowledged that they had become residents of Alabama and agreed that the Tennessee judgment should be registered as a foreign child-custody judgment pursuant to Ala. Code…”
Baird v. Hubbart, 98 So. 3d 1158 (Ala. Civ. App. 2012).
“In November 2010, Anthony John Hub-bart (“the father”) filed an action in the Baldwin Circuit Court (“the trial court”) in which he sought, pursuant to § 30-3B-305, Ala.Code 1975, to register a July 2006 judgment of the Superior Court of Coweta *1160 County, Georgia.”
Davis v. Blackstock, 159 So. 3d 708 (Ala. Civ. App. 2013).
“Code 1975, a part of the UIF-SA, and § 30-3B-305, Ala.Code 1975, a part of the UCCJEA.”
Riggs v. Krukenberg (Ex parte Krukenberg), 252 So. 3d 676 (Ala. Civ. App. 2017).
· cites it 4× “In September 2014, the paternal grandmother commenced an action ("the 2014 enforcement action") in the Lee Circuit Court ("the circuit court") seeking to register and enforce the Texas judgment pursuant to Ala. Code 1975, § 30-3B-305, seeking to hold the mother in contempt of…”
R.W. v. G.W., 2 So. 3d 869 (Ala. Civ. App. 2008).
· cites it 2× “Section 30-3B-305 sets out the requirements for registration of a child-custody determination of another state: “(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by…”
Hammack v. Moxcey, 220 So. 3d 1053 (Ala. Civ. App. 2016).
· cites it 3× “In registering the second pickup order, the Alabama trial court relied on Ala.Code 1975, § 30-3B-305, a part of Alabama’s codification of the Uniform Child Custody Jurisdiction and Enforcement Act (“the UCCJEA”), § 30-3B-101 et seq.”
LaRose v. LaRose, 114 So. 3d 822 (Ala. Civ. App. 2012).
· cites it 4× ““On May 25, 2010, the paternal grandmother and the paternal grandfather (referred to collectively at times as ‘the paternal grandparents’) filed a ‘Notice of Registration of Child Custody Determination’ pursuant to Ala.Code 1975, § 30-3B-305, a portion of the Uniform Child…”
Krouse v. Youngblood, 171 So. 3d 49 (Ala. Civ. App. 2015).
· cites it 3× “Proper registration of a foreign child-custody order is attained by following the procedure outlined in Ala.Code 1975, § 30-3B-305: . “(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for…”
— Ala. Code § 30-3B-305(a) — 2 cases
R.W. v. G.W., 2 So. 3d 869 (Ala. Civ. App. 2008).
“Section 30-3B-305 sets out the requirements for registration of a child-custody determination of another state: “(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by…”
Rw v. Gw, 2 So. 3d 869 (Ala. Civ. App. 2008).
— Ala. Code § 30-3B-305(a)(2) — 1 case
Garrett v. Williams, 68 So. 3d 846 (Ala. Civ. App. 2011).
“Among other arguments, the mother alleged that the paternal grandparents had not complied with the registration requirements of § 30-3B-305, Ala.Code 1975, a part of the Uniform Child Custody Jurisdiction and Enforcement Act (“the UC-CJEA”), § 30-3B-101 et seq.”
— Ala. Code § 30-3B-305(d) — 1 case
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
“On May 25, 2010, the paternal grandmother and the paternal grandfather (referred to collectively at times as “the paternal grandparents”) filed a “Notice of Registration of Child Custody Determination” pursuant to Ala.Code 1975, § 30-3B-305, a portion of the Uniform Child…”
— Ala. Code § 30-3B-305(e) — 2 cases
Larose v. Larose, 71 So. 3d 651 (Ala. Civ. App. 2011).
“On May 25, 2010, the paternal grandmother and the paternal grandfather (referred to collectively at times as “the paternal grandparents”) filed a “Notice of Registration of Child Custody Determination” pursuant to Ala.Code 1975, § 30-3B-305, a portion of the Uniform Child…”
Riggs v. Krukenberg (Ex parte Krukenberg), 252 So. 3d 676 (Ala. Civ. App. 2017).
“In September 2014, the paternal grandmother commenced an action ("the 2014 enforcement action") in the Lee Circuit Court ("the circuit court") seeking to register and enforce the Texas judgment pursuant to Ala. Code 1975, § 30-3B-305, seeking to hold the mother in contempt of…”
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