HB32 Alabama 2012 1st Special Session

Summary

Primary Sponsor

Mike Jones

Republican

Session

First Special Session 2012

Title

Relocation of children, commencement of an action for a temporary order approving relocation of a child by a relocating parent required if objection to relocation made by a non-relocating parent, Secs. 30-3-166, 30-3-169, 30-3-169.1 am'd

Summary

A constitutional amendment would let Autauga County’s Judge of Probate share equity jurisdiction with the circuit court in cases originally filed in Autauga Probate Court, if the judge is licensed to practice law in Alabama.

What This Bill Does

The bill proposes amending the Alabama Constitution to authorize the Judge of Probate in Autauga County to exercise equity jurisdiction concurrent with the circuit court for cases filed in the Autauga County Probate Court. In those cases, the probate judge would have the same power and authority as a circuit court judge and the case would be treated as if filed in circuit court, with the Alabama Rules of Civil Procedure applying unless a specific law says otherwise. The amendment would be self-executing, and the Legislature could pass additional laws to implement it. An election would be held to approve the amendment under existing constitutional election rules.

Who It Affects

• The Judge of Probate of Autauga County, who would gain concurrent equity jurisdiction and the authority of a circuit court judge in qualifying cases.
• Residents and parties in cases originally filed in the Autauga County Probate Court, who would be subject to circuit-like procedures and equity jurisdiction when the amendment applies.

Key Provisions

• Proposed constitutional amendment to allow the Judge of Probate of Autauga County to exercise equity jurisdiction concurrent with the circuit court in cases originally filed in the Autauga County Probate Court, provided the judge is licensed to practice law in Alabama.
• In such cases, the probate judge shall have the power and authority of a circuit court judge, and the case shall be treated in all respects as if filed in circuit court.
• The Alabama Rules of Civil Procedure shall apply to these cases unless otherwise provided by law.
• The amendment is self-executing, but the Legislature may enact additional laws to implement it.
• An election on the proposed amendment shall be held under the existing constitutional process (as described in Amendment 555), with ballot language prepared for voters.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Children