Ala. Code § 30-4-59 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-59
Section 30-4-59 Suspension of Sentence; Order of Payment of Support for Wife or Children; Release of Defendant on Probation; Bond
Status: in_force

At the trial on an entry of a plea of guilty, or after conviction and after judgment and sentence has been imposed, as provided in this article, the judge of the juvenile court in the first instance, or the judge of the circuit court on appeal and trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard to the circumstances and to the financial ability or earning capacity of the defendant, may make an order, which shall be subject to change by the judge of the juvenile court, from time to time, as circumstances may require, directing the defendant to pay a certain sum periodically to the clerk of the juvenile court for the use of the defendant’s wife or for the use of his wife and child or children, or for the use of his child or children, and to release the said defendant from custody on probation, upon his entering into recognizance or bond, with or without surety in the discretion of said judge, in such sum as said judge may order and approve. The conditions of said bond shall be such that if the said defendant shall make his personal appearance in the juvenile court at stated times or whenever ordered to do so by the judge thereof within one year and shall further comply with the terms of such order of support or of any subsequent modification thereof, then such bond or recognizance shall be void, otherwise to remain in full force and effect.
Ala. Code § 30-3-169.4 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.4
Section 30-3-169.4 Burden of Proof
Status: in_force

In proceedings under this article unless there has been a determination that the party objecting to the change of the principal residence of the child has been found to have committed domestic violence or child abuse, there shall be a rebuttable presumption that a change of principal residence of a child is not in the best interest of the child. The party seeking a change of principal residence of a child shall have the initial burden of proof on the issue. If that burden of proof is met, the burden of proof shifts to the non-relocating party.
Ala. Code § 30-3-153 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-153
Section 30-3-153 Implementation; Required Provisions; Plan Set by Court
Status: in_force

(a) In order to implement joint custody, the court shall require the parents to submit, as part of their agreement, provisions covering matters relevant to the care and custody of the child, including, but not limited to, all of the following:

(1) The care and education of the child.

(2) The medical and dental care of the child.

(3) Holidays and vacations.

(4) Child support.

(5) Other necessary factors that affect the physical or emotional health and well-being of the child.

(6) Designating the parent possessing primary authority and responsibility regarding involvement of the minor child in academic, religious, civic, cultural, athletic, and other activities, and in medical and dental care if the parents are unable to agree on these decisions. The exercise of this primary authority is not intended to negate the responsibility of the parties to notify and communicate with each other as provided in this article.

(b) If the parties are unable to reach an agreement as to the provisions in subsection (a), the court shall set the plan.
Ala. Code § 30-3A-316 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-316
Section 30-3A-316 Special Rules of Evidence and Procedure
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-197 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-197
Section 30-3-197 Authorized Actions; Safeguards
Status: in_force

(a) Provided that no actions are pending before any circuit and district court of this state, the state Title IV-D agency may take the following actions related to establishment of paternity or to the establishment, modification, or enforcement of support orders, without the necessity of obtaining an order from any other judicial or administrative tribunal, or in furtherance of any existing order, and to recognize and enforce the authority of the state Title IV-D agencies of other states of the following actions:

(1) To order genetic testing for the purpose of paternity establishment.

(2) To subpoena any financial or other information needed to establish, modify, or enforce a support order, and to impose penalties for failure to respond to a subpoena.

(3) To require all entities in the state, including for profit, nonprofit, and governmental employers, to provide promptly, in response to a request by the state Title IV-D agency of this or any other state administering the Title IV-D child support program, information on the employment, compensation, and benefits of any individual employed by the entity as an employee or contractor, and to sanction failure to respond to any such request.

(4) Upon providing notice to the obligor, obligee, and the appropriate court, to direct the obligor or other payor to change the payee to the appropriate governmental agency in cases in which support is subject to an assignment in order to comply with eligibility requirements for state assistance, or to a requirement to pay through the state Title IV-D agency.

(5) To order that income withholding be implemented.

(6) In cases in which there is a support arrearage, to secure assets to satisfy the arrearage by intercepting or seizing periodic or lump-sum payments from a state or local agency, including unemployment compensation, worker’s compensation, and other benefits; by attaching judgments, settlements, and lottery winnings and other lump-sum payments; attaching and seizing assets of the obligor held in financial institutions; attaching public and private retirement funds; and imposing liens in accordance with Section 30-3-198 and, in appropriate cases, to force sale of property and distribution of proceeds.

(7) For the purpose of securing overdue support, unless otherwise ordered by a court in individual cases, to increase the amount of monthly support payments to include amounts for arrearages.

(b) The expedited procedures required under this section shall be subject to due process safeguards, including requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to a judicial tribunal and shall include the following rules and authority, applicable with respect to all proceedings to establish paternity or to establish, modify, or enforce support orders:

(1) Each party to any paternity or child support proceeding shall, subject to privacy safeguards, file with the state Title IV-D agency upon entry of an order, and update as appropriate, information on location and identity of the party, including Social Security number, residential and mailing addresses, telephone number, driver’s license number, name, address, and telephone number of employer.

(2) In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of a party, state due process requirements for notice and service of process shall be deemed to be met with respect to the party, upon delivery of written notice to the most recent residential or employer address filed with the state Title IV-D agency pursuant to subdivision (1).
Ala. Code § 30-3A-606 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-606
Section 30-3A-606 Procedure to Contest Validity or Enforcement of Registered Order
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-504 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-504
Section 30-3D-504 Immunity from Civil Liability
Status: in_force

An employer that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.
Ala. Code § 30-3-135 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-135
Section 30-3-135 Visitation by Parent Who Committed Violence
Status: in_force

(a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.

(b) In a visitation order, a court may take any of the following actions:

(1) Order an exchange of the child to occur in a protected setting.

(2) Order visitation supervised in a manner to be determined by the court.

(3) Order the perpetrator of domestic or family violence to attend and complete to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of visitation.

(4) Order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation.

(5) Order the perpetrator of domestic or family violence to pay a fee to defray the cost of supervised visitation.

(6) Prohibit overnight visitation.

(7) Require a bond from the perpetrator of domestic or family violence for the return and safety of the child.

(8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family or domestic violence, or other family or household member.

(c) Whether or not visitation is allowed, the court may order the address of the child or the victim of family or domestic violence to be kept confidential.

(d) The court may refer but shall not order an adult who is a victim of family or domestic violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic or family violence as a condition of receiving custody of a child or as a condition of visitation.

(e) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.
Ala. Code § 30-3A-314 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-314
Section 30-3A-314 Limited Immunity of Petitioner
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-6-8 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-8
Section 30-6-8 Disclosure of Information
Status: in_force

Information identifying individuals or facilities received by the office, the circuit, any district attorney or his or her employees, the director, or by authorized persons employed by or volunteering services to a domestic violence center, through files, reports, inspection, or otherwise, is confidential and exempt from Section 36-12-40. Information about the location of domestic violence centers and facilities is confidential and exempt from Section 36-12-40. Oral communications between a domestic violence victim and an advocate and written reports and records concerning the victim may not be disclosed without the written consent of the victim. This privilege does not relieve a person from any duty imposed pursuant to Section 26-14-1 or Section 38-9-2. However, when cooperating with the Department of Human Resources, the staff and volunteers of a domestic violence center shall protect the confidentiality of other clients at the center. A victim or advocate may not claim this privilege when providing evidence in proceedings concerning child abuse, but may claim this privilege in all other proceedings, both criminal and civil. This privilege expires upon the death of the victim. The director shall ensure that the information obtained under authority of this chapter shall be restricted to the items germane to the implementation thereof and shall ensure that the provisions are administered so as not to accumulate any information or distribute any information that is not required by this chapter.
Ala. Code § 30-3D-607 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-607
Section 30-3D-607 Contest of Registration or Enforcement
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made;

(7) the statute of limitation under Section 30-3D-604 precludes enforcement of some or all of the alleged arrearages; or

(8) the alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Ala. Code § 30-3A-207 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-207
Section 30-3A-207 Recognition of Controlling Child-Support Order
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3C-3 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-3
Section 30-3C-3 Cooperation and Communication Among Courts
Status: in_force

Sections 30-3B-110, 30-3B-111, and 30-3B-112 of the Uniform Child Custody Jurisdiction and Enforcement Act apply to cooperation and communications among courts in proceedings under this chapter.
Ala. Code § 30-3A-205 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-205
Section 30-3A-205 Continuing, Exclusive Jurisdiction
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-3 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-3
Section 30-4-3 Separate Property of Wife - Wearing Apparel of Wife
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 30-6-9 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-9
Section 30-6-9 Law Enforcement Officer to Advise Person of Available Facility
Status: in_force

Any law enforcement officer who investigates an alleged incident of domestic violence shall , at the time of the incident, assist the victim with obtaining transportation so that the victim may receive any necessary medical treatment which resulted from the alleged incident to which the officer responds, and shall advise the victim that there is a domestic violence center from which the victim may receive services.
Ala. Code § 30-3D-203 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-203
Section 30-3D-203 Initiating and Responding Tribunal of State
Status: in_force

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
Ala. Code § 30-3B-205 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-205
Section 30-3B-205 Notice; Opportunity to Be Heard; Joinder
Status: in_force

(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section 30-3B-108 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
Ala. Code § 30-3A-307 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-307
Section 30-3A-307 Duties of Support Enforcement Agency
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-6-2 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-2
Section 30-6-2 Legislative Intent
Status: in_force

The Legislature recognizes that persons who are victims of domestic violence are in need of critical lifesaving services from specialized facilities that possess relevant expertise to assist such persons. It is the intent of the Legislature to assist in the development of certified domestic violence centers and the creation of appropriate expanded services for the victims of domestic violence so that all victims obtain services needed. It is further recognized that it is important to prevent domestic violence by determining the root causes of such violence.
Ala. Code § 30-4-96 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-96
Section 30-4-96 Powers of Court to Enforce Orders; Fees and Costs of Proceedings
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3-160 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-160
Section 30-3-160 Short Title
Status: in_force

This article shall be known and may be cited as the “Alabama Parent-Child Relationship Protection Act” and promotes the general philosophy in this state that children need both parents, even after a divorce, established in Section 30-3-150.
Ala. Code § 30-3-4.2 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-4.2
Section 30-3-4.2 Grandparent Visitation
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings:

(1) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption.

(2) HARM. A finding by the court, by clear and convincing evidence, that without court-ordered visitation by the grandparent, the child’s emotional, mental, or physical well-being has been, could reasonably be, or would be jeopardized.

(b) A grandparent may: (i) file an original action in a circuit court where his or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild; or (ii) file a motion to intervene in any action when any court in this state has before it any issue concerning custody of the grandchild, including a domestic relations proceeding involving the parent or parents of the grandchild, for reasonable visitation rights with respect to the grandchild if any of the following circumstances exist:

(1) An action for a divorce or legal separation of the parents has been filed or the marital relationship between the parents of the child has been severed by death or divorce.

(2) The child was born out of wedlock and the petitioner is a maternal grandparent of the child.

(3) The child was born out of wedlock, the petitioner is a paternal grandparent of the child, and paternity has been legally established.

(4) An action to terminate the parental rights of a parent or parents has been filed or the parental rights of a parent has been terminated by court order; provided, however, the right of the grandparent to seek visitation terminates if the court approves a petition for adoption by an adoptive parent, unless the visitation rights are allowed pursuant to Section 26-10E-29.

(c)(1) There is a rebuttable presumption that a fit parent’s decision to deny or limit visitation to the petitioner is in the best interest of the child.

(2) To rebut the presumption, the petitioner shall prove both of the following by clear and convincing evidence:

a. The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation.

b. Visitation with the petitioner is in the best interest of the child.

(d) To establish a significant and viable relationship with the child, the petitioner shall prove any of the following by clear and convincing evidence:

(1)a. The child resided with the petitioner for at least six consecutive months with or without a parent present within the three years preceding the filing of the petition.

b. The petitioner was the caregiver to the child on a regular basis for at least six consecutive months within the three years preceding the filing of the petition.

c. The petitioner had frequent or regular contact with the child for at least 12 consecutive months which resulted in a strong and meaningful relationship with the child within the three years preceding the filing of the petition.

(2) Any other facts that establish the loss of the relationship between the petitioner and the child is likely to harm the child.

(e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner shall prove all of the following by clear and convincing evidence:

(1) The petitioner has the capacity to give the child love, affection, and guidance.

(2) The loss of an opportunity to maintain a significant and viable relationship between the petitioner and the child has caused or is reasonably likely to cause harm to the child.

(3) The petitioner is willing to cooperate with the parent or parents if visitation with the child is allowed.

(f) The court shall make specific written findings of fact in support of its rulings.

(g)(1) A grandparent or grandparents who are married to each other may not file a petition seeking an order for visitation more than once every 24 months absent a showing of good cause. The fact that a grandparent or grandparents who are married to each other have petitioned for visitation shall not preclude another grandparent from subsequently petitioning for visitation within the 24-month period. After an order for grandparent visitation has been granted, the parent, guardian, or legal custodian of the child may file a petition requesting the court to modify or terminate a grandparent’s visitation time with a grandchild.

(2) The court may modify or terminate visitation upon proof that a material change in circumstances has occurred since the award of grandparent visitation was made and a finding by the court that the modification or termination of the grandparent visitation rights is in the best interest of the child.

(h) The court may award any party reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, guardian ad litem fees, investigative fees, expenses for court-appointed witnesses, travel expenses, and child care during the course of the proceedings.

(i) Notwithstanding any provisions of this section to the contrary:

(1) A petition filed by a grandparent having standing under Chapter 10E of Title 26 seeking visitation shall be filed in probate court and is governed by Section 26-10E-29, rather than by this section if either of the following circumstances exists:

a. The grandchild has been the subject of an adoption proceeding other than the one creating the grandparent relationship.

b. The grandchild is the subject of a pending or finalized adoption proceeding.

(2) A grandparent seeking visitation pursuant to Section 12-15-314 shall be governed by that section rather than by this section; and

(3) A parent of a parent whose parental rights have been terminated by a court order in which the petitioner was the State Department of Human Resources, shall not be awarded any visitation rights pursuant to this section.

(j) The right of a grandparent to maintain visitation rights pursuant to this section terminates upon the adoption of the child except as provided by Section 26-10E-29.

(k) All of the following are necessary parties to any action filed under this section:

(1) Unless parental rights have been terminated, the parent or parents of the child.

(2) Every other person who has been awarded custody or visitation with the child pursuant to court order.

(3) Any agency having custody of the child pursuant to court order.

(l) In addition, upon filing of the action, notice shall be given to all other grandparents of the child. The petition shall affirmatively state the name and address upon whom notice has been given.

(m) Service and notice shall be made in the following manner:

(1) Service of process on necessary parties shall be made in accordance with the Alabama Rules of Civil Procedure.

(2) As to any other person to whom notice is required to be given under subsection (l), notice shall be given by first class mail to the last known address of the person or persons entitled to notice. Notice shall be effective on the third day following mailing.

(n) Notwithstanding subsection (m), the notice requirements provided by this section may be limited or waived by the court to the extent necessary to protect the confidentiality and the health, safety, or liberty of a person or a child.

(o) Upon filing an action under this section and after giving special weight to the fundamental right of a fit parent to decide which associations are in the best interest of his or her child, the court, after a hearing, may enter a pendente lite order granting temporary visitation rights to a grandparent, pending a final order, if the court determines from the evidence that: (i) the petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; (ii) visitation would be in the best interest of the child; and (iii) any of the following circumstances exist:

(1) The child resided with the grandparent for at least six consecutive months within the three years preceding the filing of the petition.

(2) The grandparent was the caregiver of the child on a regular basis for at least six consecutive months within the three years preceding the filing of the petition.

(3) The grandparent provided significant financial support for the child for at least six consecutive months within the three years preceding the filing of the petition.

(4) The grandparent had frequent or regular contact with the child for at least 12 consecutive months within the three years preceding the filing of the petition.

(p) As a matter of public policy, this section recognizes the importance of family and the fundamental rights of parents and children. In the context of grandparent visitation under this section, a fit parent’s decision regarding whether to permit grandparent visitation is entitled to special weight due to a parent’s fundamental right to make decisions concerning the rearing of his or her child. Nonetheless, a parent’s interest in a child shall be balanced against the long-recognized interests of the state as parens patriae. Thus, as applied to grandparent visitation under this section, this section balances the constitutional rights of parents and children by imposing an enhanced standard of review and consideration of the harm to a child caused by the parent’s limitation or termination of a prior relationship of a child to his or her grandparent.
Ala. Code § 30-3-190 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-190
Section 30-3-190 Short Title
Status: in_force

This article shall be known and cited as the “Alabama Child Support Reform Act of 1997.”
Ala. Code § 30-9-2 — Alabama Code / Title 30 / Chapter 9 / Section 30-9-2
Section 30-9-2 Establishment of Domestic Violence Fatality Review Teams; Confidentiality of Information
Status: in_force

(a) A statewide domestic violence fatality review team shall be established to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides. Additional teams at the local and regional levels may be established as well in conjunction with local law enforcement agencies, the local domestic violence center, and local judicial officers including the court, prosecutor, and public defender. Teams established at the local and regional levels shall be chaired by the district attorney of that particular jurisdiction. The membership of a domestic violence fatality review team shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The review may include an examination of events leading up to the domestic violence incident, available community resources, current laws and policies, and actions taken by organizations, agencies, and individuals incident to the events and the parties. Any information or action deemed relevant by the review team, including an assessment of public records and records for which public records exemptions are granted may also be included within the purview of the review.

(b) Domestic violence fatality review teams shall be established for the purpose of learning how to prevent domestic violence through early intervention and improving the quality of the response by individuals and institutions to domestic violence. The specific structure and operating procedures employed by a review team shall be determined at the local level. The review team may determine the number and type of incidents it wishes to review and shall make policy and other recommendations on how the community may more effectively respond to the needs of domestic violence victims.

(c) Any member of a domestic violence fatality review team or any person acting as a witness to or investigator for a domestic violence fatality review team, in addition to any immunity provided otherwise in state law, is not liable to any person for damages as a result of any action taken within the scope of the functions of that review team if such action was taken without malice, wantonness, or in a reasonable belief that such action or recommendation is warranted by the facts made known to him or her.

(d) The statewide domestic violence fatality review team is assigned to the Alabama State Law Enforcement Agency for administrative purposes.

(e) Information, testimony, records, reports, recommendations, or other evidence obtained, generated, or transmitted by a domestic violence fatality review team shall not be subject to discovery, subpoena, or introduction into evidence in any civil action, or in any administrative or disciplinary proceeding by any department or employing agency if the information or records arose out of matters that are the subject of evaluation and review by the review team. However, information, documents, and records otherwise independently discovered and available from other sources shall not be exempt from discovery, subpoena, or introduction into evidence solely because the information, documents, or records were presented to or reviewed by a review team.

(f) A person who attends or participates in a meeting of a domestic violence fatality review team may not testify in any civil or criminal action or administrative or disciplinary proceedings concerning any records or information produced or presented to the review team or the proceedings or deliberations of the review team authorized by this section. This subsection does not preclude or exempt any person who testifies before a review team or who is a member of a review team from testifying to matters otherwise within his or her knowledge.

(g) Any information or records otherwise confidential or privileged or exempt from disclosure under Section 36-12-40 or under another provision of Alabama law which are obtained by or provided to a review team conducting activities as described pursuant to this chapter shall remain confidential or privileged or exempt from disclosure as otherwise provided by law. Any portion of a report produced by the review team that contains information that is otherwise confidential or privileged in accordance with Alabama law shall remain confidential or privileged as otherwise provided by law.
Ala. Code § 30-3A-906 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-906
Section 30-3A-906 Savings Clause
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-86 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-86
Section 30-4-86 Extradition for Nonsupport
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3A-103 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-103
Section 30-3A-103 Remedies Cumulative
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-37 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-37
Section 30-4-37 Disposal of Interest in Real Estate by Spouse of Insane Person - Mode Not Exclusive
Status: in_force

The mode prescribed in Sections 30-4-32 through 30-4-36 shall not be considered exclusive and shall not repeal any existing law upon the subject of said sections, or be construed as limiting authority which the courts now have with reference to the same.
Ala. Code § 30-3A-601 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-601
Section 30-3A-601 Registration of Order for Enforcement
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-102 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-102
Section 30-3A-102 Court of This State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-304 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-304
Section 30-3A-304 Duties of Initiating Tribunal
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-505 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-505
Section 30-3D-505 Penalties for Noncompliance
Status: in_force

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Ala. Code § 30-3-4.1 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-4.1
Section 30-3-4.1 Grandparent Visitation
Status: reserved

Repealed by Act 2016-362, §3, effective August 1, 2016.
Ala. Code § 30-3-175 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-175
Section 30-3-175 Reinstatement of Withheld, Etc., License; Obtaining New License After Revocation
Status: in_force

(a) When, following the withholding, restricted use, or suspension of a license, the department or its agent determines that the support debt or support obligation has been paid in full or a satisfactory payment plan has been negotiated, or the obligor has complied with subpoenas or warrants relating to paternity or child support proceedings, the department or its agent, at the request of the obligor, shall send notice requesting reinstatement of the license to the licensing authority and the obligor. Notice to the licensing authority to reinstate the license shall not limit the ability of the department or its agent to issue a new decision and notice in the event of another delinquency.

(b) When a license has been revoked pursuant to Section 30-3-173, the obligor may obtain a new license only if the department, upon request of the obligor, makes a determination and notifies the licensing authority that the obligation has been paid in full or a satisfactory payment plan is in place and the obligor is complying with the plan or the obligor has complied with subpoenas or warrants relating to paternity or child support proceedings. Upon receipt of the notification, the licensing authority may issue a new license pursuant to the statutes or regulations governing the reissuance of a license by the licensing authority.
Ala. Code § 30-3D-211 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-211
Section 30-3D-211 Continuing, Exclusive Jurisdiction to Modify Spousal-Support Order
Status: in_force

(a) A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.

(b) A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as:

(1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or

(2) a responding tribunal to enforce or modify its own spousal-support order.
Ala. Code § 30-3-10 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-10
Section 30-3-10 Equal Opportunity for Blind Individuals; Supportive Parenting Services
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings:

(1) BLINDNESS. A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye that has a limitation in the field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees is considered to have a central visual acuity of 20/200 or less. The term also includes a degenerative condition that reasonably can be expected to result in blindness.

(2) SUPPORTIVE PARENTING SERVICES. Services that may assist a blind parent or prospective blind parent in the effective use of non-visual techniques and other alternative methods to enable the parent or prospective parent to discharge parental responsibilities as successfully as a parent who is not blind.

(b) The Legislature finds the following:

(1) Blind individuals should be given equal opportunity to successfully parent their children to the fullest extent possible.

(2) Blind individuals should be afforded equal opportunity in family and dependency proceedings where custody and visitation are at stake and in public and private adoption, guardianship, and foster care proceedings.

(c) The purpose of this section is to protect the best interests of children parented by blind individuals or children who could be parented by blind individuals through the establishment of procedural safeguards that require adherence to the Americans with Disabilities Act and respect for the due process and equal protection rights of blind parents or prospective blind parents in the context of child welfare, foster care, family law, and adoption.

(d)(1) A parent’s blindness may not serve as a basis for denial or restriction of visitation or custody in family or dependency cases when the visitation or custody is determined to be otherwise in the best interest of the child.

(2) A prospective parent’s blindness may not serve as a basis for his or her denial of participation in public or private adoption when the adoption is determined to be otherwise in the best interest of the child.

(3) An individual’s blindness may not serve as a basis for denial of foster care or guardianship when the appointment is determined to be otherwise in the best interest of the child.

(4) Where a parent or prospective parent’s blindness is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving that the behaviors are endangering or will likely endanger the health, safety, or welfare of the child and that there exists no reasonable supporting parenting services to alleviate those concerns.

(5) The court may require that the supportive parenting services be put in place with an opportunity to review the need for continuation of the services within a reasonable period of time.
Ala. Code § 30-1-4 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-4
Section 30-1-4 Minimum Age for Contracting Marriage
Status: in_force

A person under the age of 16 years is incapable of contracting marriage.
Ala. Code § 30-2-11 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-11
Section 30-2-11 Wife May Be Enjoined from Use of Given Name or Initials of Divorced Husband
Status: in_force

After divorce from the bonds of matrimony and within the discretion of the circuit court of the county in which the divorced wife resides and upon application of any interested party, the divorced wife may be enjoined from the use of the given name or initials of the divorced husband.
Ala. Code § 30-3B-204 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-204
Section 30-3B-204 Temporary Emergency Jurisdiction. (Amended by Act 2026-237)
Status: in_force

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.
Ala. Code § 30-3A-607 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-607
Section 30-3A-607 Contest of Registration or Enforcement
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-612 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-612
Section 30-3A-612 Recognition of Order Modified in Another State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-4 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-4
Section 30-3-4 Visitation Rights for Grandparents
Status: reserved

Repealed by Act 99-436, p. 862, §2, effective September 1, 1999.
Ala. Code § 30-4-14 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-14
Section 30-4-14 Married Women May Dispose of Separate Estates by Will
Status: in_force

Married women may, by last will and testament, dispose of their separate estates.
Ala. Code § 30-3-25 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-25
Section 30-3-25 Notice to Persons Outside This State; Proof of Service; Submission to Jurisdiction
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3B-402 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-402
Section 30-3B-402 Severability Clause
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Ala. Code § 30-3A-504 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-504
Section 30-3A-504 Immunity from Civil Liability
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-60 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-60
Section 30-3-60 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court’s clerical duties in regard to domestic relations matters, support and nonsupport cases, including the receipt and disbursement of support payments.

(2) COURT. Any juvenile or family court division of the circuit or district court in the county where the mother of the child resides or is found, in the county where the father resides or is found, or in the county where the child resides or is found and, in the case of a petition seeking a divorce or legal separation, a petition seeking a modification of support previously ordered under a divorce decree or a petition seeking a contempt citation for failure to pay support previously ordered under a divorce decree, the circuit court or the domestic relations division of the circuit court. Provided, further, in cases involving the enforcement of another state’s order of support within this state, court may mean the courts hereinabove prescribed of the county where the employer is located or is found, and such term may also mean, when the context requires, the court or agency of another state or jurisdiction outside the State of Alabama whose functions include the issuance and enforcement of support orders.

(3) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the county department of human resources.

(4) EMPLOYER. Any person, business, corporation, partnership, company, firm, or unit of municipal, county, state, or federal government.

(5) INCOME. Wages, salary, tips, commissions, bonuses, unemployment compensation, workers’ compensation, disability payments, payments pursuant to a pension or retirement program and interest, and any and all money due or payable to a person, the entitlement to which is based upon remuneration for employment, past or present, after the deduction of those amounts required to be withheld by law. Income shall also include any other continuous or periodic income from whatever source whether earned or unearned except as expressly limited by law.

(6) INCOME WITHHOLDING ORDER or NOTICE. An order or notice in the standardized format prescribed under Title IV-D of the Social Security Act, as amended, that requires an employer to deduct a portion of an employee’s income for the payment of support.

(7) OBLIGEE. Any person for whom support benefits are ordered by the court and shall specifically include the Department of Human Resources when any person has assigned their rights to support payments to the department under any provision of law or when the department is otherwise representing the obligee. Provided, when the context requires, obligee may also include an agency or department of this or another state or jurisdiction to which a person has assigned his or her rights to support.

(8) OBLIGOR. Any person ordered by the court to make periodic payments for the benefit and support of another person or minor child.

(9) STATE or JURISDICTION. Such terms shall include any state or subdivision thereof, any possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any foreign jurisdiction in which a similar law is in effect.

(10) SUPPORT or SUPPORT ORDER. Any order, decree, or judgment for the support of a child, or in the case of an order being enforced pursuant to the requirements of Title IV-D of the Social Security Act, a spouse or former spouse, issued by a court of this state or, where the context requires, a court or agency of another state or jurisdiction, whether interlocutory or final, including orders issued for any of the following purposes:

a. Current support of a minor child.

b. Current medical support, which includes the cost of medical insurance or unreimbursed medical expenses.

c. Arrearage that has accrued due to unpaid child or medical support during the child’s minority, including enforcement post-majority of arrearages accrued during minority and interest that has accrued or continues to accrue on that arrearage.

d. Spousal support when such spousal support is collected by the Department of Human Resources or the department’s designee pursuant to the requirements of Title IV-D of the Social Security Act.
Ala. Code § 30-3B-309 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-309
Section 30-3B-309 Service of Petition and Order
Status: in_force

Except as otherwise provided in Section 30-3B-311, the petition and order must be served, by any method authorized by the Alabama Rules of Civil Procedure, upon respondent and any person who has physical custody of the child.
Ala. Code § 30-3A-507 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-507
Section 30-3A-507 Administrative Enforcement of Orders
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3B-305 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-305
Section 30-3B-305 Registration of Child Custody Determination
Status: in_force

(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.
Ala. Code § 30-3B-110 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-110
Section 30-3B-110 Communication Between Courts
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.

(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Ala. Code § 30-3D-307 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-307
Section 30-3D-307 Duties of Support Enforcement Agency
Status: in_force

(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

(b) A support enforcement agency of this state that is providing services to the petitioner shall:

(1) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time, and place for a hearing;

(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5) within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c) A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:

(1) to ensure that the order to be registered is the controlling order; or

(2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of this state shall request a tribunal of this state to issue a child-support order and an income-withholding order that redirects payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 30-3D-319.

(f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
Ala. Code § 30-3-8 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-8
Section 30-3-8 Publication of Delinquent Obligor Lists
Status: in_force

(a) The Department of Human Resources, Child Support Enforcement Division, may establish a program for the publication, in newspapers with general circulation throughout the state, of a listing of 10 child support obligors in any county who are delinquent in their support payments. Each publication shall display photographs of and information about the 10 obligors in any county who are liable for support arrearages and whose whereabouts are unknown to child support agencies. Each publication shall list a toll-free telephone number for the division that may be called to report information regarding the whereabouts of any of the obligors displayed in the publication. The department may include any other information in the publication that it considers appropriate.

(b) Prior to any publication or public listing, the Department of Human Resources shall send to each obligor whose name will be published pursuant to this section a notice by regular mail to the obligor’s last known address. The notice shall state that the obligor may avoid being included in the publication pursuant to this section by doing all of the following within 90 days after receipt of notice:

(1) Making a child support payment to the Department of Human Resources, Child Support Enforcement Division, that is at least equal to the amount of support the obligor is required to pay each month under the support order or a percentage of child support arrears owed by the obligor, whichever amount is greater.

(2) Providing the division with the obligor’s current address.

(3) Providing the division with verification from each of the obligor’s current employers of the obligor’s current wages, salary, and other compensation.

(4) Providing the division with verification that the obligor has arranged for withholding from the obligor’s wages, salary, or other compensation to pay support and for payment of arrearages.

(c) The division shall determine whether any obligor whose name will be published has met all of the conditions of subsection (b). If the division determines that an obligor has done so, the division shall remove the obligor from the list of obligors before making the final selection of obligors for publication.

(d) The Department of Human Resources, Child Support Enforcement Division, shall distribute for publication and post on the DHR website at a minimum of twice a year or monthly as deemed appropriate by the division, the obligors who are to appear in publication.

(e) The Department of Human Resources, Child Support Enforcement Division, shall adopt rules and regulations pursuant to the Alabama Administrative Procedure Act for the operation of the program. The rules shall specify the following:

(1) Criteria for the division to use in reviewing the names of obligors for publication and for selecting the delinquent obligors to be included in the publication.

(2) Criteria for providing the notice specified in subsection (b).

(3) Notification that the obligor is responsible for all costs for the publication.

(4) The department must design a system of safeguards which protect innocent parties. Such safeguards and procedures must be approved by the Legislative Council within one year of passage.

(5) Any other criteria necessary for the operation of the program.

(f) The Department of Human Resources and its employees and agents and any newspaper publishing any information pursuant to this section shall be immune from any civil or criminal liability that might otherwise be imposed or incurred in carrying out the provisions of this section.
Ala. Code § 30-3D-706 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-706
Section 30-3D-706 Registration of Convention Support Order
Status: in_force

(a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Article 6.

(b) Notwithstanding Sections 30-3D-311 and 30-3D-602(a), a request for registration of a Convention support order must be accompanied by:

(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague Conference on Private International Law;

(2) a record stating that the support order is enforceable in the issuing country;

(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(4) a record showing the amount of arrears, if any, and the date the amount was calculated;

(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Section 30-3D-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
Ala. Code § 30-3D-701 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-701
Section 30-3D-701 Definitions
Status: in_force

In this article:

(1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) “Central authority” means the entity designated by the United States or a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified in the Convention.

(3) “Convention support order” means a support order of a tribunal of a foreign country described in Section 30-3D-102(5)(D).

(4) “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

(5) “Foreign central authority” means the entity designated by a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified in the Convention.

(6) “Foreign support agreement”:

(A) means an agreement for support in a record that:

(i) is enforceable as a support order in the country of origin;

(ii) has been:

(I) formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(II) authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) may be reviewed and modified by a foreign tribunal; and

(B) includes a maintenance arrangement or authentic instrument under the Convention.

(7) “United States central authority” means the Secretary of the United States Department of Health and Human Services.
Ala. Code § 30-3A-603 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-603
Section 30-3A-603 Effect of Registration for Enforcement
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-173 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-173
Section 30-3-173 Multiple Delinquencies; Revocation of License
Status: in_force

If the obligor has received two suspensions of a license pursuant to this article within the previous 12 months, upon a third finding of delinquency pursuant to this article, the department shall send to the obligor a notice of intent to revoke a license. In that case, the notice sent by the department to the licensing authority shall instruct the licensing authority to revoke the license. The notice and hearing provisions of Sections 30-3-171 and 30-3-172 shall apply to the revocation of a license.
Ala. Code § 30-3C-7 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-7
Section 30-3C-7 Factors to Determine Risk of Abduction
Status: in_force

(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:

(1) has previously abducted or attempted to abduct a child;

(2) has threatened to abduct a child;

(3) has recently engaged in activities that may indicate a planned abduction, including:

(A) abandoning employment;

(B) preparing to move from, abandoning, or selling a primary residence;

(C) terminating a lease;

(D) closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;

(E) applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child; or

(F) seeking to obtain the child’s birth certificate or school or medical records;

(4) has engaged in domestic violence, stalking, or child abuse or neglect;

(5) has refused to follow a child-custody determination;

(6) lacks strong familial, financial, emotional, or cultural ties to the state or the United States;

(7) has strong familial, financial, emotional, or cultural ties to another state or country;

(8) is likely to take the child to a country that:

(A) is not a party to The Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;

(B) is a party to The Hague Convention on the Civil Aspects of International Child Abduction but:

(i) the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;

(ii) is noncompliant according to the most recent compliance report issued by the United States Department of State; or

(iii) lacks legal mechanisms for immediately and effectively enforcing a return order under The Hague Convention on the Civil Aspects of International Child Abduction;

(C) poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;

(D) has laws or practices that would:

(i) enable the respondent, without due cause, to prevent the petitioner from contacting the child;

(ii) restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, nationality, marital status, or religion; or

(iii) restrict the child’s ability legally to leave the country after the child reaches the age of majority because of a child’s gender, nationality, or religion;

(E) is included by the United States Department of State on a current list of state sponsors of terrorism;

(F) does not have an official United States diplomatic presence in the country; or

(G) is engaged in active military action or war, including a civil war, to which the child may be exposed;

(9) is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally;

(10) has had an application for United States citizenship denied;

(11) has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a Social Security card, a driver’s license, or other government-issued identification card or has made a misrepresentation to the United States government;

(12) has used multiple names to attempt to mislead or defraud; or

(13) has engaged in any other conduct the court considers relevant to the risk of abduction.

(b) In the hearing on a petition under this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.
Ala. Code § 30-4-2 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-2
Section 30-4-2 Separate Property of Wife - Earnings of Wife
Status: in_force

The earnings of the wife are her separate property, but she is not entitled to compensation for services rendered to or for the husband or to or for the family.
Ala. Code § 30-8-4 — Alabama Code / Title 30 / Chapter 8 / Section 30-8-4
Section 30-8-4 Allocation of Funds; Audit
Status: in_force

The network board of directors may allocate state appropriated funds to any existing or new family resource center which meets the standards established in Section 30-8-1. The Examiners of Public Accounts shall audit any entity receiving state funds through this entity.
Ala. Code § 30-3B-104 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-104
Section 30-3B-104 Application to Indian Tribes
Status: in_force

A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901, et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
Ala. Code § 30-3C-9 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-9
Section 30-3C-9 Hearing on Petition to Prevent Abduction
Status: in_force

(a) If a petition is filed under this chapter, the court may set a preliminary hearing as necessary, and shall cause to be issued all summonses and notices as required by law and otherwise deemed necessary and appropriate. Should the court determine from the petition, or on evidence presented at a preliminary hearing, that no emergency or temporary orders are appropriate, then the court shall set the petition for a final hearing at such time as the court deems appropriate and as the best interests of the child require.

(b) If, at a hearing on a petition under this chapter, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (c), specifying measures that are reasonably calculated to prevent abduction of the child and giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the risks for the potential abduction, including, but not limited to, evidence of domestic violence, stalking, or child abuse or neglect, or history thereof.

(c) An order for relief under this chapter shall include:

(1) the basis for the court’s exercise of jurisdiction;

(2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;

(3) a detailed description of each party’s custody and visitation rights and residential arrangements for the child at the time the petition under this chapter was filed;

(4) a provision stating that a violation of the order may subject the party in violation to being held in contempt with civil and criminal penalties as provided by law; and

(5) identification of the child’s county, state, and country of habitual residence at the time of the issuance of the order.

(d) An abduction prevention order may include one or more of the following:

(1) an imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:

(A) the travel itinerary of the child;

(B) a list of physical addresses and telephone numbers at which the child can be reached at specified times; and

(C) copies of all travel documents;

(2) a prohibition of the respondent directly or indirectly:

(A) removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner’s written consent;

(B) removing or retaining the child in violation of a child-custody determination;

(C) removing the child from school or a child-care or similar facility; or

(D) approaching the child at any location other than a site designated for supervised visitation;

(3) a requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;

(4) with regard to the child’s passport:

(A) a direction that the petitioner place the child’s name in the United States Department of State’s Child Passport Issuance Alert Program;

(B) a requirement that the respondent surrender to the court or the petitioner’s attorney any United States or foreign passport issued in the child’s name, including a passport issued in the name of both the parent and the child; and

(C) a prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;

(5) as a prerequisite to exercising custody or visitation, a requirement that the respondent provide:

(A) to the United States Department of State’s Office of Children’s Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;

(B) to the court:

(i) proof that the respondent has provided the information in subparagraph (A); and

(ii) an acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child;

(C) to the petitioner, proof of registration of an authenticated copy of the order detailing passport and travel restrictions for the child with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for The Hague Convention on the Civil Aspects of International Child Abduction, if that convention is in effect between the United States and the destination country; and

(D) a written waiver under the Privacy Act, 5 U.S.C. Section 552a as amended, with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and

(6) upon the petitioner’s request, a requirement that the respondent obtain an order from the relevant foreign country containing terms consistent with the child-custody determination issued in the United States.

(e) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:

(1) limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and may order the parties to pay the costs of supervision; and

(2) require the posting of a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction.

(f) To prevent abduction of a child, a court may grant any other relief allowed under the law of this state other than this chapter.

(g) The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to prevent abduction.
Ala. Code § 30-3-200 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-200
Section 30-3-200 Liability for Disclosure of Information
Status: in_force

No public or private entity or agency or individual shall be held liable in any civil or criminal action for disclosing any information to the state Title IV-D agency under the provisions of Act 97-447 or for any other action taken in good faith to comply with the provisions of Act 97-447.
Ala. Code § 30-3-32 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-32
Section 30-3-32 Binding Force and Res Judicata Effect of Custody Decree
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-71 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-71
Section 30-3-71 Employer Authorized to Deduct Fee for Expenses
Status: in_force

The employer shall be authorized to deduct from the obligor’s income a fee of up to $2 per month for expenses incurred under this article.
Ala. Code § 30-3B-301 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-301
Section 30-3B-301 Definitions
Status: in_force

In this article, the following terms shall have the following meanings:

(1) PETITIONER. A person who seeks enforcement of an order for return of a child under The Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

(2) RESPONDENT. A person against whom a proceeding has been commenced for enforcement of an order for return of a child under The Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
Ala. Code § 30-4-11 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-11
Section 30-4-11 Wife to Sue and Be Sued Alone Upon Contracts, Torts, Etc
Status: in_force

The wife must sue alone upon all contracts made by or with her, or for the recovery of her separate property or for injuries to such property, or for its rents, income or profits, or for all injuries to her person or reputation; and upon all contracts made by her, or engagements into which she enters and for all torts committed by her, she must be sued as if she were sole.
Ala. Code § 30-3A-303 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-303
Section 30-3A-303 Application of Law of State
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-610 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-610
Section 30-3D-610 Effect of Registration for Modification
Status: in_force

A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 30-3D-611 or Section 30-3D-613 have been met.
Ala. Code § 30-3B-311 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-311
Section 30-3B-311 Warrant to Take Physical Custody of Child
Status: in_force

(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard within 72 hours after the warrant is executed unless impossible. In that event, the court shall hold the hearing on the next judicial day. The application for the warrant must include the statements required by Section 30-3B-308(b).

(c) A warrant to take physical custody of a child must:

(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) Direct law enforcement officers to take physical custody of the child immediately;

(3) Provide for the placement of the child pending final relief; and

(4) Provide the specific facts found by the court that constitute “the exigent circumstances” required under Section 30-3B-311(e) to warrant authorizing the law enforcement officers to make a forcible entry at any hour.

(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
Ala. Code § 30-4-9 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-9
Section 30-4-9 Capacity of Husband and Wife to Contract with Each Other
Status: in_force

The husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to contracts by and between persons standing in confidential relations.
Ala. Code § 30-3D-615 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-615
Section 30-3D-615 Jurisdiction to Modify Child-Support Order of Foreign Country
Status: in_force

(a) Except as otherwise provided in Section 30-3D-711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to Section 30-3D-611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

(b) An order issued by a tribunal of this state modifying a foreign child-support order pursuant to this section is the controlling order.
Ala. Code § 30-6-3 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-3
Section 30-6-3 Duties of Office; Exemptions
Status: in_force

(a) The director shall perform or delegate all of the following duties:

(1) Operate the domestic violence program and, in collaboration with ACADV or other qualified entity, coordinate and administer statewide activities related to the prevention of domestic violence.

(2) Have the right to enter and inspect the premises of domestic violence centers that are applying for an initial certification or facing potential suspension or revocation of certification to effectively evaluate the state of compliance with minimum standards.

(3) Promote the involvement of domestic violence centers in the coordination, development, and planning of domestic violence programming.

(4) Coordinate with state agencies that have health, education, or criminal justice responsibilities to raise awareness of domestic violence and promote consistent policy implementation, including law enforcement training.

(5) Cooperate with, assist in, and participate in programs of other properly qualified state or federal agencies, schools of medicine, hospitals, and health clinics in planning and conducting research on the prevention of domestic violence and the provision of services to clients.

(6) Contract with ACADV or other qualified entity for the creation of minimum standards of service provision, training, and technical assistance to certified domestic violence centers, and for the evaluation of services provided by domestic violence centers.

(7) Consider applications from certified domestic violence centers for capital improvement grants and award those grants pursuant to Article 9, Chapter 23, Title 41.

(8) Adopt, by rule, procedures to administer this chapter, including developing criteria for the approval, suspension, or rejection of certification of domestic violence centers.

(9) Receive and approve or reject applications for funding of certified domestic violence centers. When approving funding for a newly certified domestic violence center, the director shall make every effort to minimize any adverse economic impact on existing certified domestic violence centers or services provided within the same service area. In order to minimize duplication of services, the director shall make every effort to encourage subcontracting relationships from existing certified domestic violence centers within the same service area. The director shall equitably distribute funds from the Domestic Violence Trust Fund and state funds to the certified domestic violence centers.

(10) Manage the Domestic Violence Trust Fund for the purposes of collecting and distributing funds pursuant to this chapter.

(b) Any facility which shelters children, pursuant to this chapter, shall be exempt from the provisions of Title 38, Chapter 7.
Ala. Code § 30-3-68 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-68
Section 30-3-68 Employers Who Comply Not Liable for Wrongful Withholding
Status: in_force

No employer who complies with an order under this article according to its terms shall be liable to the obligor or to any other person claiming rights derived from the obligor for wrongful withholding.
Ala. Code § 30-3A-315 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-315
Section 30-3A-315 Nonparentage as Defense
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3A-903 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-903
Section 30-3A-903 Severability Clause
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-401 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-401
Section 30-3D-401 Establishment of Support Order
Status: in_force

(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) the individual seeking the order resides outside this state; or

(2) the support enforcement agency seeking the order is located outside this state.

(b) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) a presumed father of the child;

(2) petitioning to have his paternity adjudicated;

(3) identified as the father of the child through genetic testing;

(4) an alleged father who has declined to submit to genetic testing;

(5) shown by clear and convincing evidence to be the father of the child;

(6) an acknowledged father as provided by Section 26-17-101 et seq.;

(7) the mother of the child; or

(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 30-3D-305.
Ala. Code § 30-3B-306 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-306
Section 30-3B-306 Enforcement of Registered Determination
Status: in_force

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.

(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Article 2, a registered child custody determination of a court of another state.
Ala. Code § 30-3A-312 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-312
Section 30-3A-312 Nondisclosure of Information in Exceptional Circumstances
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-5A-2 — Alabama Code / Title 30 / Chapter 5A / Section 30-5A-2
Section 30-5A-2 Definitions
Status: in_force

Amended and renumbered as §13A-6-141, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
Ala. Code § 30-3B-207 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-207
Section 30-3B-207 Inconvenient Forum
Status: in_force

(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) The length of time the child has resided outside this state;

(3) The distance between the court in this state and the court in the state that would assume jurisdiction;

(4) The relative financial circumstances of the parties;

(5) Any agreement of the parties as to which state should assume jurisdiction;

(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) The familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Ala. Code § 30-3D-313 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-313
Section 30-3D-313 Costs and Fees
Status: in_force

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney’s fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
Ala. Code § 30-4-56 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-56
Section 30-4-56 Offense Deemed Committed in County Where Wife or Children Present; Extradition of Defendant from Another State or County
Status: in_force

Any offense under this article shall be held to have been committed in any county in which such wife, child or children may be at the time such complaint is made. Whenever the judge within whose jurisdiction an offense under this article is alleged to have been committed shall, after an investigation of the facts and circumstances thereof, certify that, in his opinion, the charge is well founded and the case a proper one for extradition, or in any case, if the cost of extradition is borne by the parties interested in the case, the person charged with having left the state with the intention of evading the terms of his probation, or of abandoning or deserting his wife, child or children shall be apprehended and brought back to the county having jurisdiction of the case, in accordance with the law providing for the apprehension and return to this state of fugitives from justice, and, upon conviction, punished as provided in this article. When the judge of said court shall certify, as above provided, all costs incurred by the sheriff or other officers in bringing such husband or parent from other states, or from other counties in this state, into the county where the said offense shall have been committed and all costs incident to such extradition of such husband, parent or parents shall be paid by the county in which such offense shall have been committed, and the county commission shall make such appropriation as may be necessary to carry into effect the provisions and purposes of this section.
Ala. Code § 30-3D-613 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-613
Section 30-3D-613 Jurisdiction to Modify Child-Support Order of Another State When Individual Parties Reside in This State
Status: in_force

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child-support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2, this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 do not apply.
Ala. Code § 30-3D-503 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-503
Section 30-3D-503 Employer’s Compliance with Two or More Income-Withholding Orders
Status: in_force

If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child-support obligees.
Ala. Code § 30-3D-614 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-614
Section 30-3D-614 Notice to Issuing Tribunal of Modification
Status: in_force

Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Ala. Code § 30-3-133 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-133
Section 30-3-133 Determination Raises Rebuttable Presumption That Child Reside with Parent Not Perpetrator
Status: in_force

In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is in the best interest of the child to reside with the parent who is not a perpetrator of domestic or family violence in the location of that parent’s choice, within or outside the state.
Ala. Code § 30-5A-5 — Alabama Code / Title 30 / Chapter 5A / Section 30-5A-5
Section 30-5A-5 Lack of Knowledge by Defendant of Order
Status: in_force

Lack of knowledge by the defendant of the order which was violated shall be an affirmative defense to conviction for violating this chapter at trial only, but shall not affect the determination of the arresting officer in deciding to arrest. Nothing in this section shall change the burden of proof required in a criminal prosecution.
Ala. Code § 30-3A-306 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-306
Section 30-3A-306 Inappropriate Court
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3C-12 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-12
Section 30-3C-12 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 30-4-89 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-89
Section 30-4-89 Contents of Petition for Support
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-5B-6 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-6
Section 30-5B-6 Immunity
Status: in_force

In the absence of negligence, or wantonness, or willful misconduct, this state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in an effort to comply with this chapter.
Ala. Code § 30-3C-8 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-8
Section 30-3C-8 Emergency Measures to Prevent Abduction
Status: in_force

(a) In response to a petition filed under this chapter, before a hearing on the matter, the court may enter an ex parte order for emergency measures to prevent abduction, including an ex parte warrant to take physical custody of the child, or an order for any other emergency relief as necessary to prevent abduction of a child, including imposing travel restrictions with the child, on the petitioner or the respondent or on both the petitioner and the respondent.

(b) An ex parte order for relief under this chapter shall include:

(1) the basis for the court’s exercise of jurisdiction;

(2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding, including a finding by the court of compliance with Rule 65 of the Alabama Rules of Civil Procedure, if applicable;

(3) a detailed description of each party’s custody and visitation rights and residential arrangements for the child at the time the petition under this chapter was filed;

(4) a provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and

(5) identification of the child’s county, state, and country of habitual residence at the time of the issuance of the order.

(c) If a petition under this chapter contains allegations and the court finds that there is a credible risk of imminent child abduction, the court may issue an ex parte order, including a warrant to take physical custody of the child. If the court issues an ex parte warrant:

(1) The respondent on a petition under this subsection must be afforded an opportunity to be heard within 72 hours after the ex parte warrant is executed.

(2) An ex parte warrant under this subsection to take physical custody of a child must:

(A) recite the facts upon which a determination of a credible risk of imminent abduction of the child is based;

(B) direct law enforcement officers to take physical custody of the child immediately;

(C) state the date and time for the hearing on the petition; and

(D) provide for the safe interim placement of the child pending further order of the court.

(3) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect, or other criminal offenses relevant to the health and welfare of the child.

(4) The petition, order, and warrant must be served on the respondent when or immediately after the child is taken into physical custody.

(5) If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.

(6) A warrant to take physical custody of a child, issued by another state, is enforceable throughout this state, provided however, that nothing contained herein shall alter or delete any rights, substantive or procedural in nature.

(d) This chapter does not affect the availability of relief allowed under the law of this state other than this chapter.
Ala. Code § 30-8-1 — Alabama Code / Title 30 / Chapter 8 / Section 30-8-1
Section 30-8-1 Membership in Alabama Network of Family Resource Centers
Status: in_force

To become eligible for membership in the Alabama Network of Family Resource Centers, a family resource center located within the state shall provide evidence of achieving all of the following standards:

(1) Being in operation and delivering services to families for at least 15 consecutive calendar months.

(2) Having services consistent with the charter and values statement of the network, consisting of a variety of community-based, nonsectarian, and nondiscriminatory services that are available to all sectors of the community and have very limited eligibility requirements for participation. The services shall target prevention-based comprehensive services that strengthen and encourage greater self-sufficiency of family units. Services shall include, but are not limited to, case management at the intake and assessment stages, parenting education, emergency services, and early intervention services.

(3) Having formal written family files for each family involved in case management. Each comprehensive file shall contain written releases of information and signed case notes and shall identify family strengths and goals with an evaluation of those goals by the family.

(4) Being located at a site that is accessible, safe, welcoming, family-friendly, and adequate to accomplish the mission of the network.

(5) Having adequate staff and other resources to accomplish the mission of the network.

(6) Having qualified staff on site who possess the minimum necessary credentials for their respective positions. Job descriptions for each staff position shall be in writing and shall state the minimum requirements for each position. Personnel files shall contain documentation regarding the ability of the person to perform his or her job, annual performance reviews, and written clearance from the State Department of Human Resources pertaining to the Child Abuse and Neglect Central Registry, Criminal History, and County Records Check.

(7) Having professional liability insurance coverage for all staff.

(8) Having written evidence of appropriate automobile insurance if the center offers transportation to consumers.

(9) Having opportunities for the professional development of staff members.

(10) Having opportunities for staff to provide input regarding center practices.

(11) Having a clearly defined mission statement consistent with the mission of the network.

(12) Following acceptable accounting practices and having a complete, written, independent accounting audit for each year of operation, including the most recent past fiscal year. When required, the site shall have a single audit performed. The audit shall not indicate any significant discrepancies or questions regarding fiscal capacity.

(13) Showing fiscal capacity by attaining at least twenty thousand dollars ($20,000) during the previous 12 months, over and above federal family preservation and support services grant dollars, dedicated to the operation of the services of the center.

(14) Having a written annual budget for each fiscal year of operation, including the current fiscal year.

(15) Being a tax exempt organization pursuant to 26 U.S.C. §501(c)3, or being a legitimate program division of such a tax exempt organization.

(16) Having an on-site peer review process which has been utilized within the previous 24 months. The results of the most recent peer review shall not indicate any significant concerns in regard to confidentiality, record keeping, or service delivery that suggest failure by the site to conform to the standards of the mission of the network.

(17) Having written evidence of the collection and assessment of service data including, but not limited to, the number of families served by service category, the demographics of each family served in case management, and goal rating completed by each family.

(18) Having written year-end program evaluation reports for each year of operation that summarize services in relation to the mission statement and objective of the site.

(19) Having consumer satisfaction surveys conducted twice per year and maintaining written evidence of consumer responses to those surveys.

(20) Having a decision making and project planning process pertaining to services offered at the site that permits consumer access and input. The process may include evaluation forms, a consumer advisory council, planning committees, suggestion boxes, consumer attendance at training sessions, and consumer membership on boards.

(21) Having an official board of directors or advisory council, or both, that have convened at least twice during the previous 12 months.

(22) Having demonstrated networking capacity by involving at least five community agencies in the ongoing operations of the site during the previous 12 months.
Ala. Code § 30-3D-713 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-713
Section 30-3D-713 Record in Original Language; English Translation
Status: in_force

A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation.
Ala. Code § 30-3A-308 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-308
Section 30-3A-308 Duty of Attorney General
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-31 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-31
Section 30-4-31 Conveyance of Real Estate by Husband When Wife Insane - Conveyance to Be Accompanied by Judgment or Certification of Wife’s Insanity; Conclusiveness of Judgment or Certificate
Status: in_force

All conveyances under Section 30-4-30 shall state that the grantor is a married man and that his wife is insane, and shall have attached to it a copy of the judgment of the court declaring the wife insane, or shall have attached to such deed a copy of the certificate of the superintendent of any Alabama state hospital for the insane, that, in his opinion, the wife of such grantor in such deed is permanently insane. And such judgment or certificate, when so attached, shall, in the absence of fraud in procuring the same, be conclusive of the wife’s insanity and of the right of the husband to execute such conveyance.
Ala. Code § 30-3A-905 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-905
Section 30-3A-905 Applicability
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-166 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-166
Section 30-3-166 Language Required in Child Custody Determination
Status: in_force

After September 1, 2003, every child custody determination shall include the following language:

“Alabama law requires each party in this action who has either custody of or the right of visitation with a child to notify other parties who have custody of or the right of visitation with the child of any change in his or her address or telephone number, or both, and of any change or proposed change of principal residence and telephone number or numbers of a child. This is a continuing duty and remains in effect as to each child subject to the custody or visitation provisions of this decree until such child reaches the age of majority or becomes emancipated and for so long as you are entitled to custody of or visitation with a child covered by this order. If there is to be a change of principal residence by you or by a child subject to the custody or visitation provisions of this order, you must provide the following information to each other person who has custody or visitation rights under this decree as follows:

”(1) The intended new residence, including the specific street address, if known.

”(2) The mailing address, if not the same as the street address.

”(3) The telephone number or numbers at such residence, if known.

”(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.

”(5) The date of the intended change of principal residence of a child.

”(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

”(7) A proposal for a revised schedule of custody of or visitation with a child, if any.

”(8) Unless you are a member of the Armed Forces of the United States of America and are being transferred or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

“You must give notice by certified mail of the proposed change of principal residence on or before the 45th day before a proposed change of principal residence. If you do not know and cannot reasonably become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by certified mail not later than the 10th day after the date that you obtain such information.

“Your failure to notify other parties entitled to notice of your intent to change the principal residence of a child may be taken into account in a modification of the custody of or visitation with the child.

“If you, as the non-relocating party, do not commence an action seeking a temporary or permanent order to prevent the change of principal residence of a child within 30 days after receipt of notice of the intent to change the principal residence of the child, the change of principal residence is authorized.”
Ala. Code § 30-3D-709 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-709
Section 30-3D-709 Partial Enforcement
Status: in_force

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Ala. Code § 30-3C-11 — Alabama Code / Title 30 / Chapter 3C / Section 30-3C-11
Section 30-3C-11 Costs, Fees, and Expenses
Status: in_force

(a) Under this chapter, a court may award or assess against any party, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, state agency expenses, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Ala. Code § 30-9-1 — Alabama Code / Title 30 / Chapter 9 / Section 30-9-1
Section 30-9-1 Definitions
Status: in_force

As used in this chapter the term domestic violence fatality review team means an organization that includes, but is not limited to, representatives from the following agencies or organizations:

(1) Law enforcement agencies.

(2) The Alabama State Law Enforcement Agency, the Attorney General, and the President of the Alabama District Attorney’s Association, for state level teams or the district attorney of each judicial circuit for local or regional teams.

(3) The Alabama Department of Forensic Sciences.

(4) Certified domestic violence centers.

(5) Child protection service providers.

(6) The Administrative Office of Courts.

(7) The municipal and circuit clerks of the court.

(8) Victim service programs.

(9) Providers of civil legal assistance to victims.

(10) Child death review teams.

(11) Members of the business community.

(12) County probation or corrections agencies.

(13) Any other persons who have knowledge regarding domestic violence fatalities, nonlethal incidents of domestic violence, or suicide, including research, policy, law, and other matters connected with fatal incidents.

(14) The humane societies or shelters.

(15) Certified perpetrator intervention programs.

(16) The Alabama Coalition Against Domestic Violence.

(17) The coroner or county medical examiner.

(18) The Department of Human Resources.

(19) The Alabama Department of Child Abuse and Neglect Prevention or its designee.

(20) Other representatives as determined by the review team.
Ala. Code § 30-5-8 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-8
Section 30-5-8 Notice of Hearing or Other Order to Be Sent to Parties; Registration of Information; Automated Process; Additional Fines
Status: in_force

(a)(1) A copy of any notice of hearing or any protection order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided the plaintiff provides the court with current and accurate contact information, and to the law enforcement officials with jurisdiction over the residence of the plaintiff. The clerk of the court may furnish a certified copy of the notice of final hearing or protection order, if any, electronically.

(2) A copy of the petition and ex parte protection order, if issued, under this chapter shall be served upon the defendant as soon as possible pursuant to Rule 4 of the Alabama Rules of Civil Procedure. A copy of the notice of final hearing and any other order under this chapter shall be issued to the defendant as soon as possible.

(3) Certain information in these cases shall be entered in the Protection Order Registry of the Administrative Office of Courts and shall be electronically transmitted by the Administrative Office of Courts to the Alabama State Law Enforcement Agency for entry into the Law Enforcement Tactical System and into the National Crime Information Center as approved by the Alabama Justice Information Commission. The information shall include, but is not limited to, information as to the existence and status of any protection orders for verification purposes.

(b) Ex parte and final protection orders shall be in a format as provided by the Administrative Office of Courts. If a court wishes to provide additional information in these standardized court orders, the court may attach additional pages containing this additional information.

(c) Within 24 hours after receiving proof of service of process of the petition and ex parte order, if issued, the clerk of court shall enter the service date into the Protection Order Registry of the Administrative Office of Courts and the information shall be electronically transmitted by the Administrative Office of Courts to the Alabama State Law Enforcement Agency. The Alabama State Law Enforcement Agency shall enter the information into the Law Enforcement Tactical System and into the National Crime Information Center as approved by the Alabama Justice Information Commission.

(d) If a court vacates or modifies a protection order, the order shall be sent within 24 hours to the plaintiff, provided that the plaintiff provides the court with current and accurate contact information, to the defendant, and to the law enforcement officials where the victim resides.

(e)(1) The Alabama State Law Enforcement Agency shall develop an automated process by which a plaintiff may request notification of service of the ex parte protection order and other court actions related to the protection order as determined and approved by the Alabama Justice Information Commission. The automated notice shall be made within 12 hours after a law enforcement officer serves an ex parte protection order upon the defendant. The notification shall include, at a minimum, the date, time, and where the protection order was served. The information identifying the plaintiff referenced under subdivision (2) shall be exempt from public records requirements in Section 36-12-40.

(2) Upon implementation of the automated process, information held by the clerks and law enforcement agencies in conjunction with this process that reveals a home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a plaintiff requesting notification of service of a protection order or other court actions is exempt from Section 36-12-40. Notwithstanding the provisions of this subsection, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted access in the furtherance of the agency’s statutory duties.
Ala. Code § 30-3-157 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-157
Section 30-3-157 Construction of Article with Respect to Existing Orders
Status: in_force

This article shall not be construed as grounds for modification of an existing order. This article shall not be construed as affecting the standard applicable to a subsequent modification.
Ala. Code § 30-6-12 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-12
Section 30-6-12 Immunity from Civil Liability
Status: in_force

Any person, firm, corporation or official acting pursuant to this chapter, or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any civil liability that otherwise might be incurred or imposed.
Ala. Code § 30-4-13 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-13
Section 30-4-13 Effect of Contracts of Nonresident Married Women as to Real or Personal Property Situated Within State
Status: in_force

All contracts concerning real or personal property situated in this state entered into by married women who are not residents of this state at the time of entering into such contracts have the same force and validity as if such contracts were made by married women residing within this state.
Ala. Code § 30-3-21 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-21
Section 30-3-21 Purposes of Article; Construction of Provisions
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3D-707 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-707
Section 30-3D-707 Contest of Registered Convention Support Order
Status: in_force

(a) Except as otherwise provided in this article, Sections 30-3D-605 through 30-3D-608 apply to a contest of a registered Convention support order.

(b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.

(d) A contest of a registered Convention support order may be based only on grounds set forth in Section 30-3D-708. The contesting party bears the burden of proof.

(e) In a contest of a registered Convention support order, a tribunal of this state:

(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) may not review the merits of the order.

(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Ala. Code § 30-3D-802 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-802
Section 30-3D-802 Conditions of Rendition
Status: in_force

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Ala. Code § 30-3-191 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-191
Section 30-3-191 Definitions
Status: in_force

When used in Sections 30-3-191 to 30-3-199, inclusive, the following words shall have the following meanings:

(1) ACCOUNT. A demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.

(2) BUSINESS DAY. A day on which state offices are open for regular business.

(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual to drive a motor vehicle as part of conducting business.

(4) CONFIDENTIAL INFORMATION. Information provided by a service applicant or recipient or obtained from other sources about him or her which may be released only as required by court order or state or federal law.

(5) COURT. A court of competent jurisdiction or administrative agency having the authority to issue and enforce support orders.

(6) DATA MATCH. An automated process of matching specified information from the financial records of financial institutions with records of the state Title IV-D agency.

(7) DELINQUENT or DELINQUENCY. A support debt or support obligation due and unpaid in an amount equal to or greater than six months support payments as of the date of service of a notice of intent to withhold, restrict use of, suspend, or revoke a license.

(8) DEPARTMENT. The Alabama Department of Human Resources, including the county departments of human resources.

(9) FAILURE TO COMPLY. Failure, after receiving appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings.

(10) FINANCIAL INSTITUTION. A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act, 12 U.S.C. §1813(c); an institution-affiliated party, as defined in Section 3(u) of 12 U.S.C. §1813(u); and any federal credit union or state credit union, as defined in Section 101 of the Federal Credit Union Act, 12 U.S.C. §1752, including an institution-affiliated party of a credit union, as defined in Section 206(r) of the Federal Credit Union Act, 12 U.S.C. §1786(r); and any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the state.

(11) FINANCIAL RECORD. As defined in Section 1101 of the Right to Financial Privacy Act of 1978, 12 U.S.C. §3401.

(12) NONCUSTODIAL PARENT. A parent who does not have the child in his or her care and is responsible for paying support. The term includes an obligor.

(13) NOTICE OF LIEN OR LEVY. An official notice from the state Title IV-D agency of a judicial or administrative lien or levy against a noncustodial parent and requesting that funds of a noncustodial parent be surrendered or transferred to the state Title IV-D agency.

(14) OBLIGEE. Either of the following:

a. A person to whom support benefits are ordered by the court.

b. A public agency of this or another state that has the right to receive support payments or otherwise is providing support enforcement services under Title IV-D of the Social Security Act. The term includes the department.

(15) OBLIGOR. A person ordered by a court to make periodic payments for the benefit and support of another person or the parent or alleged parent named in a paternity action.

(16) PROTECTIVE ORDER. Any order issued by a court of this state, a court of another state, or an administrative agency of another state for the purpose of preventing acts of abuse against one party by the other party. The term refers to both ex parte and final orders issued by the court or administrative agency whether obtained by filing an independent action or as a pendente lite order in another proceeding against another party or children of the parties.

(17) RECORDS. Any official document, file, or information system that verifies and records the existence of a divorce decree, support order, paternity order, birth, marriage, or death.

(18) STATE TITLE IV-D AGENCY. The state agency designated to administer the statewide child support program authorized under Title IV-D of the Social Security Act.

(19) SUPPORT or SUPPORT ORDER. Support of a minor child and spousal support when the spousal support is collected pursuant to the requirements of Title IV-D of the Social Security Act. Support order shall mean any order, decree, or judgment for the support of a child, or in the case of an order being enforced pursuant to the requirements of Title IV-D of the Social Security Act, a spouse or former spouse, issued by a court or other entity authorized to issue orders.

(20) UNAUTHORIZED USE OR DISCLOSURE. The release or sharing of information by an employee of the state Title IV-D agency without actual, implied, or apparent authority.
Ala. Code § 30-3-26 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-26
Section 30-3-26 Simultaneous Proceedings in Other States
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3-155 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-155
Section 30-3-155 Determination of Child Support
Status: in_force

In making a determination of child support, the court shall apply Rule 32 of the Alabama Rules of Judicial Administration.
Ala. Code § 30-3A-208 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-208
Section 30-3A-208 Multiple Child-Support Orders for Two or More Obligees
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-64 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-64
Section 30-3-64 Employer’s Answer; Order Binding on Employer; Modification by Court
Status: in_force

Within 14 days of the service of an income withholding order upon an employer, the employer shall file an answer with the court which issued the order. The answer shall state whether or not the obligor is employed by the employer and whether the employer has in his or its possession income, as such term is defined in this article, due or due to become due to the obligor. The answer shall also indicate the amount of the obligor’s disposable income, as such term is defined in the Federal Consumer Credit Act, and whether the obligor’s disposable income is currently subject to any writ of garnishment, previous income withholding order or other legal process and the nature and extent of such previous judgment and process. If the employer answers that the obligor has income which is subject to the order for income withholding the order entered pursuant to any of the provisions of this article shall become binding upon any such employer, including successive employers, 14 days after service pursuant to the Alabama Rules of Civil Procedure, and shall remain effective until further order of the court. Provided, any order for income withholding may be modified or terminated by the court at any time upon a finding by the court of a material and substantial variance in the facts as originally established by the court or due to a change in circumstances which is substantial and continuing and which is otherwise sufficient grounds, under existing and future case law and statutory law, for such modification or termination.
Ala. Code § 30-4-36 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-36
Section 30-4-36 Disposal of Interest in Real Estate by Spouse of Insane Person - Effect of Judgment
Status: in_force

Upon the entering of the judgment authorizing a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person shall have the right to sell, convey, mortgage or otherwise dispose of any or all interests in real estate as if single for a period specified in said judgment.
Ala. Code § 30-3A-317 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-317
Section 30-3A-317 Communications Between Tribunals
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-5-2 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-2
Section 30-5-2 Definitions
Status: in_force

In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) ABUSE. An act committed against a victim, which is any of the following:

a. Arson. Arson as defined under Sections 13A-7-40 to 13A-7-43, inclusive.

b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.

c. Attempt. Attempt as defined under Section 13A-4-2.

d. Child Abuse. Torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act.

e. Criminal Coercion. Criminal coercion as defined under Section 13A-6-25.

f. Criminal Trespass. Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive.

g. Harassment. Harassment as defined under Section 13A-11-8.

h. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44.

i. Menacing. Menacing as defined under Section 13A-6-23.

j. Other Conduct. Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this state.

k. Reckless Endangerment. Reckless endangerment as defined under Section 13A-6-24.

l. Sexual Abuse. Any sexual offenses included in Article 4, commencing with Section 13A-6-60, of Chapter 6 of Title 13A.

m. Stalking. Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive.

n. Theft. Theft as defined under Sections 13A-8-1 to 13A-8-5, inclusive.

o. Unlawful Imprisonment. Unlawful imprisonment as defined under Sections 13A-6-41 and 13A-6-42.

(2) COURT. A circuit court judge, a district court judge appointed as a special circuit court judge pursuant to law or a district court judge designated by a written standing order from the presiding circuit court judge to handle protection from abuse cases.

(3) DATING RELATIONSHIP. A relationship or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.

a. A dating relationship includes the period of engagement to be married.

b. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.

(4) PLAINTIFF. An individual who has standing to file a petition under Section 30-5-5.

(5) PROTECTION ORDER. Any order of protection from abuse issued under this chapter for the purpose of preventing acts of abuse as defined in this chapter.

(6) THREAT. Any word or action, expressed or implied, made to cause the plaintiff to fear for his or her safety or for the safety of another person.

(7) VICTIM. An individual who is related in any of the following ways to the person who commits an act of abuse:

a. Has a current or former marriage, including common law marriage, with the defendant.

b. Has a child in common with the defendant regardless of whether the victim and defendant have ever been married and regardless of whether they are currently residing or have in the past resided together in the same household.

c. Has or had a dating relationship with the defendant. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.

d. Is a current or former household member. For purposes of this chapter, a “household member” excludes non-romantic or non-intimate co-residents.

e. A relative of a current or former household member as defined in paragraph d. who also lived with the defendant.

f. An individual who is a parent, stepparent, child, or stepchild.

g. An individual who is a grandparent, step-grandparent, grandchild, or step-grandchild.
Ala. Code § 30-4-16 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-16
Section 30-4-16 Married Men and Widowers 18 Years of Age and Over Relieved of Disabilities of Minority; Defenses and Remedies Not Affected by Section
Status: in_force

The marriage of any male person in this state who is under 19 and over 18 years of age, or the widowerhood of any male person in this state who is under 19 and over 18 years of age, or the arrival at the age of 18 years of any married male person or widower in this state, has the effect immediately to remove his or their disabilities of minority, and thereafter he has the same legal rights and abilities as married male persons or widowers over 19 years of age.

This section shall apply to a person who married before October 29, 1959, but shall not abrogate any defense or abridge any remedy available to him prior to October 29, 1959.
Ala. Code § 30-4-92 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-92
Section 30-4-92 Receipt and Disbursement of Payments Transmitted by Court of Responding State, Etc
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-4-65 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-65
Section 30-4-65 Probation Officers - Additional Duties; Violations of Terms of Probation, Bond, Etc., to Be Reported to Judge
Status: in_force

Said probation officers shall ascertain the name and address and such facts in relation to the antecedent history and environment of the person or persons committed to his charge as may enable him to determine what corrective measures will be proper in the case, and shall exercise constant supervision over the conduct of such person or persons, and make reports to the judge whenever he shall deem it necessary or be required so to do, and he shall use every effort to encourage and stimulate such person to a reformation in respect to his said offense. Whenever said probation officer shall become satisfied that such person is violating the terms of probation, the conditions of his bond, or regulations given or prescribed by the judge for his conduct, the probation officer shall report such violations to the judge of said court with his recommendations, and such judge may thereupon proceed as provided in Section 30-4-63.
Ala. Code § 30-3B-209 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-209
Section 30-3B-209 Information to Be Submitted to Court
Status: in_force

(a) Except, as otherwise provided in subsection (e), in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:

(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and

(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subsection (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of the present address or whereabouts of a party or child, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Ala. Code § 30-3-193 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-193
Section 30-3-193 Requests for Information by the State Title Iv-D Agency
Status: in_force

(a) Subject to due process safeguards, including requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to a judicial tribunal, upon request from the state Title IV-D agency, public and private entities and individuals as specified in this section shall provide information when the state Title IV-D agency has reason to believe that the information provides location information or otherwise assists in the administration of the state’s child support enforcement program. The information shall be available only for the purposes prescribed herein.

(b) The state Title IV-D agency shall be provided access to information contained in the following records, including automated access from the governmental entities maintaining the records:

(1) State and local governmental agency records for vital statistics including records of marriage, birth, paternity, death, and divorce.

(2) State and local tax and revenue agency records including information on residence address, employer, income, and assets.

(3) State and local governmental agency records concerning real and titled personal property including motor vehicles.

(4) State and local governmental agency records of employment.

(5) State and local governmental agency records of public assistance, food stamps, Medicaid, and Department of Corrections.

(6) State and local governmental agency records relating to law enforcement including, but not limited to, National Crime Information Center records.

(c) The state Title IV-D agency shall be provided access to state and local governmental or nongovernmental agency records of occupational and professional licenses and records concerning the ownership and control of corporations, partnerships, and other business entities.

(d) The state Title IV-D agency shall be provided information pursuant to an administrative subpoena issued by the Title IV-D agency to a public or private company or agency such as a utility or cable television company; provided that such information sought in the subpoena shall be limited to the address of individuals identified by the agency and the name and address of the employer of such individuals.

(e) No entity or individual shall be held liable in any civil or criminal action for disclosing any information to the state Title IV-D agency under this section or for any other action taken in good faith to comply with this section.

(f) The recipient of an administrative subpoena shall be permitted up to 30 calendar days to respond to such subpoena.

(g) The state Title IV-D agency may pay a reasonable fee to a private entity or individual for conducting a data match, records search or other efforts to comply with an administrative subpoena. Such fee shall not exceed the actual costs incurred by the private entity or individual.
Ala. Code § 30-3D-302 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-302
Section 30-3D-302 Proceeding by Minor Parent
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
Ala. Code § 30-6-10 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-10
Section 30-6-10 Rules and Regulations
Status: in_force

(a) The director is authorized to adopt rules necessary to administer and implement the provisions of this chapter not otherwise covered by subsection (b).

(b) The Secretary of the Alabama State Law Enforcement Agency may adopt rules necessary to administer and implement the provisions of this chapter which relate to enforcement or other duties of law enforcement officers.
Ala. Code § 30-3A-209 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-209
Section 30-3A-209 Credit for Payments
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-104 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-104
Section 30-3D-104 Remedies Cumulative
Status: in_force

(a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(b) This chapter does not:

(1) provide the exclusive method of establishing or enforcing a support order under the law of this state; or

(2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.
Ala. Code § 30-3-199 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-199
Section 30-3-199 Establishment and Enforcement of Confidential Information Rules and Regulations
Status: in_force

The state Title IV-D agency shall establish and enforce rules and regulations applicable to all confidential information handled by the agency designed to protect the privacy rights of the parties, including, but not limited to, the following:

(1) Safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity or to establish or enforce support.

(2) Prohibitions against the release of information on the whereabouts of one party to another party against whom a protective order with respect to the former party or children of the parties has been entered.

(3) Prohibitions against the release of information on the whereabouts of one party to another party in any case if the state has reason to believe that the release of the information may result in physical or emotional harm to the former party or children of the parties.
Ala. Code § 30-3D-616 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-616
Section 30-3D-616 Procedure to Register Child-Support Order of Foreign Country for Modification
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this state under Sections 30-3D-601 through 30-3D-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
Ala. Code § 30-4-12 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-12
Section 30-4-12 Alienation or Mortgage of Lands by Wife Without Assent and Concurrence of Husband; Lease of Lands and Tenements of Wife Without Assent and Concurrence of Husband
Status: in_force

The wife, if the husband be of sound mind and has not abandoned her, or be not a nonresident of the state, or be not imprisoned under a conviction for crime for a period of two years or more, cannot alienate or mortgage her lands or any interest therein without the assent and concurrence of the husband, the assent and concurrence of the husband to be manifested by his joining in the alienation in the mode prescribed by law for the execution of conveyances of land. But if the husband be non compos mentis, or has abandoned the wife, or is a nonresident of the state, or is imprisoned under a conviction for crime for a period of two years or more, the wife may alienate or mortgage her lands as if she were sole. Notwithstanding the foregoing provisions of the section, the wife may lease her lands and tenements or any interest therein without the assent and concurrence of the husband.
Ala. Code § 30-3B-112 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-112
Section 30-3B-112 Cooperation Between Courts; Preservation of Records
Status: in_force

(a) A court of this state may request the appropriate court of another state to:

(1) Hold an evidentiary hearing;

(2) Order a person to produce or give evidence pursuant to procedures of that state;

(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.

(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 19 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Ala. Code § 30-3B-303 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-303
Section 30-3B-303 Duty to Enforce
Status: in_force

(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

(b) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Ala. Code § 30-5-10 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-10
Section 30-5-10 Rules of Civil Procedure to Apply; Rights, Remedies, Etc., of Defendant
Status: reserved

Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010.
Ala. Code § 30-4-80 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-80
Section 30-4-80 Purposes of Article
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-1-9.1 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-9.1
Section 30-1-9.1 Requirements for Marriage; Validity; Construction with Other Laws
Status: reserved

(a) On August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be for parties who are otherwise legally authorized to be married to enter into a marriage as provided in this section. However, the judge of probate shall continue to collect the recording fee provided for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate shall also collect the fee provided for in Section 30-6-11, to be distributed as provided in that section.

(b) The marriage document required to be executed by the parties shall contain information to identify the parties as set forth in Section 22-9A-6, as well as the following minimum information:

(1) The full legal names of both of the parties.

(2) A notarized affidavit from each party declaring all of the following:

a. The affiant is not currently married.

b.1. The affiant is at least 18 years of age; or

2. The affiant is at least 16 and under 18 years of age and has the consent of a parent or guardian.

c. The affiant is legally competent to enter into a marriage.

d. The parties are not related by blood or adoption such that the marriage would violate Section 13A-13-3.

e. The affiant is entering into the marriage voluntarily and of his or her own free will and not under duress or undue influence.

(3) The signatures of the parties.

(c) A marriage conforming to the requirements of this section shall be valid on the date the marriage is executed by both parties, provided the affidavits, forms, and data are recorded in the office of the judge of probate within 30 days of the date of the last party’s signature in accordance with Section 22-9A-17.

(d) A civil and independent or religious ceremony of marriage, celebration of marriage, solemnization of marriage, or any other officiation, or administration of the vows of marriage may be conducted or engaged in by the parties by an officiant or other presiding person to be selected by the persons entering into the marriage. The state shall have no requirement for any ceremony or proceeding and whether or not a ceremony or proceeding is performed or not performed shall have no legal effect on the validity of the marriage.

(e) The affidavits, forms, and data shall be filed in the office of the judge of probate and shall constitute a legal record of the marriage of the parties. A copy of the form provided by the Office of Vital Statistics shall be transmitted by the office of the judge of probate to the Office of Vital Statistics and made a part of its record.

(f) This section shall not affect any other legal aspects of marriage in this state, including, but not limited to, divorce, spousal support, child custody, or child support.

(g) All requirements to obtain a marriage license by the State of Alabama are abolished and repealed. The requirement of a ceremony of marriage to solemnize the marriage is abolished.

(h) The Alabama Law Institute, a division of the Legislative Services Agency, in collaboration with the Department of Public Health, shall prepare a form to meet the minimum requirements of Act 2019-340.
Ala. Code § 30-2-2 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-2
Section 30-2-2 Divorce from Bonds of Matrimony After Judgment of Divorce from Bed and Board or of Separate Maintenance in Effect for More Than Two Years
Status: in_force

The circuit court shall have the power to divorce persons from the bonds of matrimony in favor of either party where there has been a final judgment of divorce from bed and board or of separate maintenance, when such judgment has been in force and effect for more than two years. The fact that the party against whom such action is brought may also have some grounds for divorce shall not constitute any defense to any proceeding under this section.
Ala. Code § 30-7-5 — Alabama Code / Title 30 / Chapter 7 / Section 30-7-5
Section 30-7-5 Allocating Coalition Funds
Status: in_force

The Department of Economic and Community Affairs shall be responsible for allocating state appropriated funds to existing and new domestic violence centers that have been certified pursuant to this chapter.
Ala. Code § 30-3-44 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-44
Section 30-3-44 Priority
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-4-6 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-6
Section 30-4-6 Husband Not Liable for Antenuptial Contracts and Torts of Wife
Status: in_force

The husband is not liable for the debts or engagements of the wife, contracted or entered into before marriage, or for torts committed by her before marriage, but she remains liable and suable therefor as if she were sole.
Ala. Code § 30-5B-7 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-7
Section 30-5B-7 Other Remedies
Status: in_force

A protected individual who pursues remedies under this chapter is not precluded from pursuing other legal or equitable remedies against the respondent.
Ala. Code § 30-3B-313 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-313
Section 30-3B-313 Recognition and Enforcement
Status: in_force

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2.
Ala. Code § 30-3-1 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-1
Section 30-3-1 Custody and Education of Children Upon Grant of Divorce; Custody of Children Where Wife Abandons Husband
Status: in_force

Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, he shall have the custody of the children after they are seven years of age, if he is a suitable person to have such charge.
Ala. Code § 30-3A-319 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-319
Section 30-3A-319 Receipt and Disbursement of Payments
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-41 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-41
Section 30-3-41 Preservation of Documents for Use in Other States
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3A-610 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-610
Section 30-3A-610 Effect of Registration for Modification
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-5B-2 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-2
Section 30-5B-2 Definitions
Status: in_force

As used in this chapter, the following words have the following meanings:

(1) COURT. A circuit or district court authorized by statute to issue or modify a protective order.

(2) FOREIGN PROTECTION ORDER. A protection order issued by a tribunal of another state.

(3) ISSUING STATE. The state whose tribunal issues a protection order.

(4) MUTUAL FOREIGN PROTECTION ORDER. A foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.

(5) PROTECTED INDIVIDUAL. An individual protected by a protection order.

(6) PROTECTION ORDER. An injunction or other order, issued by a tribunal under the domestic violence or family violence laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.

(7) RESPONDENT. The individual against whom enforcement of a protection order is sought.

(8) 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. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.

(9) TRIBUNAL. A court, agency, or other entity authorized by law to issue or modify a protection order.
Ala. Code § 30-3D-303 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-303
Section 30-3D-303 Application of Law of State
Status: in_force

Except as otherwise provided in this chapter, a responding tribunal of this state shall:

(1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
Ala. Code § 30-6-5 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-5
Section 30-6-5 Report
Status: in_force

(a) Each domestic violence center shall provide to the director information relating to the number of persons who receive services from local domestic violence programs or certified domestic violence centers and any other information that is required to be reported for eligibility to receive federal grant funding or other funding.

(b) The director shall furnish to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives a report on or before January 1 of each year on the status of domestic violence in Alabama, which shall include, but not be limited to, the following:

(1) The incidence of domestic violence in this state.

(2) An identification of the areas of the state where domestic violence is of significant proportions, including the number of cases of domestic violence officially reported.

(3) The identification and description of the types of programs in the state that assist victims or persons who commit domestic violence, including information on its programs.

(4) The number of persons who receive services from local domestic violence programs or certified domestic violence centers.

(c)(1) The Alabama State Law Enforcement Agency, in collaboration with the Attorney General, ACADV, or other qualified entity, and the statewide domestic violence fatality review team, as established in Section 30-9-2, shall produce an annual report to be provided to the Governor and the Legislature. The report shall review the number and type of domestic violence fatalities and near fatalities and shall make policy and other recommendations on how the state and stakeholders may more effectively reduce the incidence of domestic violence fatalities in the state. The report shall include the results of the warrantless arrest policy provided for under Section 13A-6-133, including separate statistics on occurrences of and arrests for domestic versus nondomestic violence, such as stalking, assault, sexual assault, the illegal use of firearms, arson, homicide, murder, manslaughter, or the attempt of any of these crimes. The agency shall also provide the annual domestic violence statistics to the relevant federal agency for national reporting required by federal regulations or directives.

(2) A state agency, within a reasonable time, shall comply with a request from the Alabama State Law Enforcement Agency for information relating to a report under this subsection.
Ala. Code § 30-2-5 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-5
Section 30-2-5 Residency Requirement for Plaintiff When Defendant Nonresident
Status: in_force

When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved.
Ala. Code § 30-4-52 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-52
Section 30-4-52 Probation for Defendants Released Prior to Completion of Sentence
Status: in_force

Persons sentenced to serve a term in jail or at hard labor under the terms of this article may, if released by the court before the expiration of their term of sentence, as is provided for in this article, be placed on probation for the remainder of such term, upon the same terms and conditions and in the manner prescribed in this article for the probation of offenders not serving sentences.
Ala. Code § 30-3A-602 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-602
Section 30-3A-602 Procedure to Register Order for Enforcement
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3D-304 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-304
Section 30-3D-304 Duties of Initiating Tribunal
Status: in_force

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
Ala. Code § 30-6-7 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-7
Section 30-6-7 Limitations on Appropriation and Expenditure of Funds
Status: in_force

(a) The Department of Economic and Community Affairs may pay the administrative costs necessary to fulfill the requirements of this chapter from the Domestic Violence Trust Fund; provided, however, the department may not expend, on an annual basis, more than eight percent of the total available funds from the Domestic Violence Trust Fund, or the actual costs of administration, whichever is less.

(b) Each domestic violence center shall complete a financial audit after its first year of operation following certification. Thereafter, a domestic violence center shall complete a financial audit every three years or at the request of the director.
Ala. Code § 30-3A-310 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-310
Section 30-3A-310 Duties of Department of Human Resources
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-3-192 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-192
Section 30-3-192 Data Match System; Accounts Encumbered or Surrendered; Reasonable Fees; Liability; Disclosure of Financial Records; Penalties
Status: in_force

(a) The state Title IV-D agency shall enter into agreements with financial institutions doing business in Alabama to develop and operate a data match system, using automated data exchanges to the maximum extent feasible, to provide on a calendar quarter basis the following information to the extent available for each noncustodial parent who maintains an account with the contracting financial institution and who owes past due support as identified by the state Title IV-D agency by name and Social Security number or other taxpayer identifying information: (i) name, (ii) record address, (iii) Social Security number or other tax identification number, and (iv) other identifying information that may be a part of the institution’s records.

(b) Upon service of a notice of lien or levy from the state Title IV-D agency on a financial institution, the financial institution shall encumber or surrender to the state Title IV-D agency any amounts, up to the amount of the lien or levy, in any accounts with the financial institution in the name of, or available to be withdrawn by, any noncustodial parent who is subject to a child support lien or levy.

(c) The state Title IV-D agency may pay a reasonable fee to a financial institution for conducting a data match, not to exceed the actual costs incurred by the financial institution.

(d) A financial institution shall not be held liable under any federal or state law to any person for disclosure of information to the state Title IV-D agency under this section, or for encumbering or surrendering any assets held by the financial institution in response to a notice of lien or levy issued by the state Title IV-D agency, or for any other action taken in good faith to comply with the requirements of Act 97-447.

(e) The state Title IV-D agency may disclose financial records only for the purpose of and to the extent necessary in establishing, modifying, or enforcing a child or spousal support obligation of an individual. No liability shall arise to the state Title IV-D agency or any of its employees from any disclosure which results from a good faith but erroneous attempt to comply with this section.

(f) The state Title IV-D agency may impose penalties as established by rules and regulations applicable to penalties promulgated by the state Title IV-D agency for failure of financial institutions to comply with the terms of this section.
Ala. Code § 30-3-152 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-152
Section 30-3-152 Factors Considered; Order Without Both Parents’ Consent; Presumption Where Both Parents Request Joint Custody
Status: in_force

(a) The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors:

(1) The agreement or lack of agreement of the parents on joint custody.

(2) The past and present ability of the parents to cooperate with each other and make decisions jointly.

(3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.

(4) Any history of or potential for child abuse, spouse abuse, or kidnapping.

(5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.

(b) The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.

(c) If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Joint custody shall be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted.
Ala. Code § 30-5-9 — Alabama Code / Title 30 / Chapter 5 / Section 30-5-9
Section 30-5-9 Penalties
Status: reserved

Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010.
Ala. Code § 30-2-8.1 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-8.1
Section 30-2-8.1 Waiting Period Prior to Issuance of Final Judgment of Divorce; Temporary Orders Prior to Expiration of Waiting Period
Status: in_force

(a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.

(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.
Ala. Code § 30-2-1 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-1
Section 30-2-1 Grounds; Jurisdiction for Proceedings; Divorce Judgment Awarded to Both Parties
Status: in_force

(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled “In re the marriage of _____ and _____,” for the causes following:

(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.

(2) For adultery.

(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.

(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.

(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.

(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.

(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.

(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.

(9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.

(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.

(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.

(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.

(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.
Ala. Code § 30-4-50 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-50
Section 30-4-50 Definitions
Status: in_force

The word “parent” or “parents,” as used in this article, shall include the natural legal parent or parents, or other persons who shall have legally acquired the custody of such child or children, and the father of such child or children, though born out of lawful wedlock.
Ala. Code § 30-3-169.6 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169.6
Section 30-3-169.6 Sanctions
Status: in_force

(a) Where a party commences an action without good cause or for the purpose of harassing or causing unnecessary financial or emotional hardships to the other party, after notice and a reasonable opportunity to respond, the court may impose sanctions on a person proposing a change of principal residence of the child or objecting to a proposed change of principal residence of a child if it determines that the proposal was made or the objection was filed based upon any of the following:

(1) To harass a person or to cause unnecessary delay or needless increase in the cost of litigation.

(2) Without being warranted by existing law or based on frivolous argument.

(3) Based on allegations and other factual contentions, which had no evidentiary support nor, if specifically so identified, could not have been reasonably believed to be likely to have evidentiary support after further investigation.

(4) Designed to elicit or discover or lead to the discovery of information protected by Section 30-3-167.

(b) Sanctions imposed under this section shall be limited to those that are sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. The sanction may include directives of a non-monetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the other party of some or all of the reasonable costs, attorney’s fees, and expenses incurred as a direct result of the violation.
Ala. Code § 30-2-40 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-40
Section 30-2-40 Legal Separation
Status: in_force

(a) The court shall enter a decree of legal separation if all of the following requirements are satisfied:

(1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met.

(2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart.

(3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration.

(b) A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties.

(c) If a party files a complaint for a decree of legal separation rather than a decree of dissolution of marriage, the court may grant the legal separation. The terms of a legal separation can be modified or dissolved only by written consent of both parties and ratification by the court or by court order upon proof of a material change of circumstances. A proceeding or judgment for legal separation shall not bar either party from later instituting an action for dissolution of the marriage.

(d) The court shall order that the terms of the legal separation relating to alimony or a property settlement be incorporated into a final divorce decree only if agreed to by the parties. Otherwise, the court may consider, but is not bound by, the provisions of the legal separation relating to alimony or a property settlement upon a final dissolution of the marriage.

(e) If either party to a legal separation later institutes an action for dissolution of the marriage, the best interest of the child standard shall apply to the determination of child custody.

(f) Upon written consent by both parties, after entry of a decree of legal separation, all of the following provisions shall apply:

(1) The earnings or accumulations, including the retirement benefits, of each party received after the entry of the decree of legal separation are the separate property of the party acquiring the earnings or accumulations, and shall not be considered by the court in a subsequent divorce action.

(2) A spouse may convey his or her real estate without the signature or consent of the other spouse.

(3) Each spouse may waive all rights to inheritance from the other spouse pursuant to Section 43-8-72.

(g) Court costs for a legal separation may be assessed as if a dissolution of the marriage was requested and may be taxed by the court accordingly.
Ala. Code § 30-3-169 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-169
Section 30-3-169 Objection to Change of Principal Residence
Status: in_force

The person entitled to determine the principal residence of a child may change the principal residence of a child after providing notice as provided herein unless a person entitled to notice files a proceeding seeking a temporary or permanent order to prevent the change of principal residence of a child within 30 days after receipt of such notice.
Ala. Code § 30-1-19 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-19
Section 30-1-19 Marriage, Recognition Thereof, Between Persons of the Same Sex Prohibited
Status: in_force

(a) This section shall be known and may be cited as the “Alabama Marriage Protection Act.”

(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.

(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.

(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.

(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
Ala. Code § 30-6-4 — Alabama Code / Title 30 / Chapter 6 / Section 30-6-4
Section 30-6-4 Duties of ACADV
Status: in_force

The ACADV, or other qualified entity, shall do all of the following:

(1) Recommend minimum certification qualifications and administrative standards to ensure the health, safety, and welfare of domestic violence victims and their children to the director.

(2) Assist the director in the evaluation of certified domestic violence centers in order to determine compliance with certification standards.

(3) At the discretion of the director, conduct statewide training and technical assistance for certified domestic violence centers and partnering organizations.

(4) Make recommendations to the Department of Economic and Community Affairs regarding the content of batterers’ intervention programs.

(5) Assist the director in other matters relating to the implementation and administration of programs under this chapter.
Ala. Code § 30-3D-317 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-317
Section 30-3D-317 Communications Between Tribunals
Status: in_force

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
Ala. Code § 30-1-5 — Alabama Code / Title 30 / Chapter 1 / Section 30-1-5
Section 30-1-5 Consent of Parents Required for Marriage of Certain Minors
Status: in_force

If a person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the consent of a parent or guardian of the minor to the marriage shall be required. Evidence of consent shall be in the form of an affidavit signed by a parent or guardian, notarized, and filed with the probate court.
Ala. Code § 30-3-40 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-40
Section 30-3-40 Assistance to Courts of Other States
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-3B-401 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-401
Section 30-3B-401 Application and Construction
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 30-5B-5 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-5
Section 30-5B-5 Registration of Order
Status: in_force

(a) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall present a certified copy of the order to any circuit or district court clerk in the state and complete an affidavit as provided in subsection (d).

(b) The court clerk shall enter, as expeditiously as possible, all necessary information into the State Judicial Information System which shall be electronically transmitted by the Administrative Office of Courts to the Alabama Criminal Justice Information System. After the order is registered, a copy of the order stamped filed by the court clerk shall be provided by the clerk’s office to the person registering the order.

(c) The Criminal Justice Information Center, as Alabama’s central registry of protection orders, shall enter, as expeditiously as possible, an order upon electronic submission from the State Judicial Information System of information concerning a valid protection order filed with a circuit or district court clerk. The Criminal Justice Information Center shall correct inaccurate information upon receipt of notice of inaccuracies or corrections, and shall remove from the registry protection orders not currently in effect.

(d) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.

(e) A foreign protection order registered under this chapter shall be entered by the State Judicial Information System, Criminal Justice Information System, and the National Crime Information Center in any existing state or federal registry of protection orders, in accordance with applicable law.

(f) A fee may not be charged for the registration of a foreign protection order.
Ala. Code § 30-3D-103 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-103
Section 30-3D-103 State Tribunal and Support Enforcement Agency
Status: in_force

(a) The court of this state authorized to establish, enforce, or modify a support order or to determine parentage is the tribunal of this state.

(b) The Department of Human Resources is the support enforcement agency of this state.
Ala. Code § 30-3-115 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-115
Section 30-3-115 Additional Right
Status: in_force

The action for retroactive support authorized by this article is in addition to any rights to retroactive support granted by any other provision of law including, but not limited to, Section 26-17-8 nor shall the provisions of the article limit or affect the state’s right to recover assistance paid as provided in Section 38-10-6.
Ala. Code § 30-3D-702 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-702
Section 30-3D-702 Applicability
Status: in_force

This article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this article is inconsistent with Articles 1 through 6, this article controls.
Ala. Code § 30-4-55 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-55
Section 30-4-55 Jurisdiction of Proceedings; Procedure Generally
Status: in_force

The juvenile courts of the several counties of the state shall have and exercise exclusive and original jurisdiction in all cases arising under this article. Except as is, or may hereafter be, otherwise provided by law, the institution and trial of such cases shall be had and conducted as other misdemeanor cases are begun and tried in district courts.
Ala. Code § 30-3B-314 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-314
Section 30-3B-314 Appeals
Status: in_force

An appeal may be taken from a final order in a proceeding under this article in accordance with Alabama law. Unless the court enters a temporary emergency order under Section 30-3B-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Ala. Code § 30-4-94 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-94
Section 30-4-94 Issuance of Order of Support Upon Finding of Duty to Support
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3-65 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-65
Section 30-3-65 Obligee to Give Notice of Change of Address; Termination of Order When Unable to Deliver Payments Due to No Notice of Address
Status: in_force

(a) An obligee shall notify the clerk of the court, or the Department of Human Resources or its designee, whichever office is collecting the support payments which have been ordered withheld, of any change in address of the obligee.

(b) If the clerk of the court, the department or its designee is unable to deliver payments under the order for a period of three consecutive months due to the obligee’s failure to notify either of them of an address change, the clerk, the department or its designee shall not attempt further payment under the order and shall, upon the court’s order, return the payments to the employer and the court shall terminate the income withholding order upon request.
Ala. Code § 30-5A-3 — Alabama Code / Title 30 / Chapter 5A / Section 30-5A-3
Section 30-5A-3 Applicability of Rules of Civil Procedure; Rights of Defendant; Contempt; Penalties
Status: in_force

Amended and renumbered as §13A-6-142, by Act 2011-691, p. 2113, §1, effective September 1, 2011.
Ala. Code § 30-3-27 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-27
Section 30-3-27 Inconvenient Forum; Communication Between Courts; Payment of Expenses
Status: reserved

Repealed by Act 99-438, p. 866, 1999 Regular Session, effective January 1, 2000.
Ala. Code § 30-4-62 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-62
Section 30-4-62 Release of Defendant on Probation by Circuit Court; Authority of Juvenile Court as to Probationer
Status: in_force

In the event the appeal goes to the circuit court and the defendant shall be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded to jail to answer said judgment, and in the event that such judgment and sentence is suspended and the defendant is released on probation, the court shall inform him as to his duties under such probation order, and cause the probation bond provided for in this article to be filed with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile court as provided for in this article. Upon the entry of such judgment, said circuit court shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which, when so filed, shall thereupon become also the judgment of the juvenile court, and the juvenile court shall have the same power, jurisdiction and authority to deal with said defendant under such judgment, as if such judgment had been entered in the juvenile court in the first instance.
Ala. Code § 30-3B-105 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-105
Section 30-3B-105 International Application of Chapter
Status: in_force

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and Article 2.

(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.

(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
Ala. Code § 30-4-61 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-61
Section 30-4-61 Appeal of Conviction
Status: in_force

The defendant, if convicted, shall have the right to appeal as in other misdemeanor cases appealed from the juvenile court. Pending said appeal, upon his entering into bond, with sufficient sureties in such sum as the court may require, he shall be released from custody. If the defendant fails to make the required bond, he shall be confined in the county jail until the appeal is determined.
Ala. Code § 30-3D-311 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-311
Section 30-3D-311 Pleadings and Accompanying Documents
Status: in_force

(a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section 30-3D-312, the petition or accompanying documents must provide, so far as known, the name, residential address, and Social Security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, Social Security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
Ala. Code § 30-3A-305 — Alabama Code / Title 30 / Chapter 3A / Section 30-3A-305
Section 30-3A-305 Duties and Powers of Responding Tribunal
Status: reserved

Repealed by Act 2015-284 effective June 2, 2015.
Ala. Code § 30-4-85 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-85
Section 30-4-85 Rights of State or Political Subdivisions Furnishing Support
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-4-82 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-82
Section 30-4-82 Department of Human Resources Designated State Information Agency; Duties as to Enforcement of Support
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3B-109 — Alabama Code / Title 30 / Chapter 3B / Section 30-3B-109
Section 30-3B-109 Appearance and Limited Immunity
Status: in_force

(a) When making a special appearance a party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
Ala. Code § 30-5B-8 — Alabama Code / Title 30 / Chapter 5B / Section 30-5B-8
Section 30-5B-8 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 30-3D-305 — Alabama Code / Title 30 / Chapter 3D / Section 30-3D-305
Section 30-3D-305 Duties and Powers of Responding Tribunal
Status: in_force

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section 30-3D-301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(1) establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child;

(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor’s property;

(8) order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney’s fees and other fees and costs;

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
Ala. Code § 30-2-31 — Alabama Code / Title 30 / Chapter 2 / Section 30-2-31
Section 30-2-31 Proceedings Generally; Alimony; Child Custody and Support
Status: reserved

Repealed by Act 98-105, effective January 1, 1999
Ala. Code § 30-4-91 — Alabama Code / Title 30 / Chapter 4 / Section 30-4-91
Section 30-4-91 Powers and Duties of Court of State Acting as Initiating State Generally
Status: reserved

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
Ala. Code § 30-3-154 — Alabama Code / Title 30 / Chapter 3 / Section 30-3-154
Section 30-3-154 Availability of Records to Both Parents
Status: in_force

Unless otherwise prohibited by court order or statute, all records and information pertaining to the child, including, but not limited to, medical, physiological, dental, scholastic, athletic, extracurricular, and law enforcement, shall be equally available to both parents, in all types of custody arrangements.