HB12 Alabama 2012 Session

Summary

Primary Sponsor

Mike Jones

Republican

Session

Regular Session 2012

Title

Juvenile court, jurisdiction relating to adoption, visitation, custody, child support, and spousal support, retention of jurisdiction and concurrent jurisdiction in certain circumstances, retroactive application, Secs. 12-15-115, 12-15-117, 38-10-7 am'd.

Description

Under existing law, a juvenile court exercises original jurisdiction over proceedings for the adoption of a child that have been removed from probate court on motion of any party, proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage Act, and proceedings to establish child and spousal support in cases brought pursuant to Title IV-D of the Social Security Act.

Also under existing law, once a child has been adjudicated dependent, delinquent, or in need of supervision by a juvenile court, jurisdiction of the juvenile court terminates when the child becomes 21 years of age unless, prior thereto, the judge of the juvenile court terminates its jurisdiction over the case involving the child; however, the juvenile court retains jurisdiction over an individual of any age for the enforcement of any prior orders requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.

Also under existing law, all actions to determine parentage and to enforce support obligations may be brought in either the juvenile court or district court or the circuit court or appropriate federal court, and the juvenile courts and district courts and the circuit courts have concurrent jurisdiction of actions involving parentage, desertion, nonsupport, or support.

This bill would provide that a juvenile court has jurisdiction over proceedings for the adoption of a child when these proceedings have been transferred from probate court as provided by law, a juvenile court generally has jurisdiction to establish, modify, or enforce support, visitation, or custody when a juvenile court has previously established parentage, and a juvenile court has jurisdiction to modify or enforce child and spousal support, or both, in cases brought pursuant to Title IV-D of the Social Security Act.

This bill would also provide that a juvenile court generally retains jurisdiction to enforce or modify previous orders issued by the juvenile court in any case in which it has jurisdiction.

This bill would also provide that a court of this state which determined parentage or established, modified, or enforced support generally retains jurisdiction to enforce or modify previous orders issued by the court and that the provisions of the act would apply retroactively to cases filed in juvenile court on or after January 1, 2009, and prior to the effective date of the act.

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Subjects

Court, Juvenile