(a) In those instances where the change of principal residence of a child results in the relocation of a child to a residence outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply to actions commenced under this article.
(b) Where the parties have been awarded joint custody, joint legal custody, or joint physical custody of a child as defined in Section 30-3-151, and at least one parent having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, the child shall have a significant connection with this state and a court in fashioning its judgments, orders, or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive, even though the child’s principal residence after the relocation is outside this state.
(c) In a proceeding commenced to modify, interpret, or enforce a final decree under this article, where jurisdiction exists under this section or otherwise as provided by law and where only one person having joint custody, joint legal custody, or joint physical custody of a child continues to maintain a principal residence in this state, notwithstanding any law to the contrary, venue of all proceedings under this article is changed so that venue will lie either in the original circuit court rendering the final decree or in the circuit court of the county where that person having joint custody, joint legal custody, or joint physical custody has resided for a period of at least three consecutive years immediately preceding the commencement of an action under this article. The person having joint custody, joint legal custody, or joint physical custody who continues to maintain a principal residence in this state shall be able to choose the particular venue as herein provided, regardless of which party files the petition or other action.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Chapter 3 - Child Custody and Support.
Article 7A - Alabama Parent-Child Relationship Protection Act.
Section 30-3-160 - Short Title.
Section 30-3-161 - Definitions.
Section 30-3-162 - Applicability.
Section 30-3-163 - Change of Principal Residence - Child.
Section 30-3-164 - Change of Principal Residence - Custodial Party, Persons With Visitation Rights.
Section 30-3-166 - Language Required in Child Custody Determination.
Section 30-3-167 - Disclosure Exceptions.
Section 30-3-168 - Failure to Give Notice.
Section 30-3-169 - Objection to Change of Principal Residence.
Section 30-3-169.1 - Proceedings.
Section 30-3-169.2 - Court Order.
Section 30-3-169.3 - Change of Custody.
Section 30-3-169.4 - Burden of Proof.
Section 30-3-169.5 - Obstructions to Custody or Visitation.
Section 30-3-169.6 - Sanctions.
Section 30-3-169.7 - Change of Principal Residence Raised in Conjunction With Other Petition.
Section 30-3-169.8 - Award of Expenses.
Section 30-3-169.9 - Change of Principal Residence Outside State.