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SB239 ENROLLED
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SB239
L5IKCAA-2
By Senators Smitherman, Stewart, Figures
RFD: Judiciary
First Read: 03-Feb-26
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SB239 Enrolled
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First Read: 03-Feb-26
Enrolled, An Act,
Relating to child custody; to amend Section 30-3B-204,
Code of Alabama 1975; to authorize certain temporary emergency
child custody determinations made pursuant to the Uniform
Child Custody Jurisdiction Enforcement Act to become final.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 30-3B-204, Code of Alabama 1975, is
amended to read as follows:
"§30-3B-204
(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, six months after the date of the entry
of a child custody determination under this section, a child
custody proceeding has not been commenced in a court of a
state having jurisdiction under Sections 30-3B-201 through
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state having jurisdiction under Sections 30-3B-201 through
30-3B-203, that child custody determination shall become a
final determination. 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
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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."
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB239
Senate 17-Feb-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 03-Mar-26
By: Senator Smitherman
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