House Bill 281 Alabama 2026 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

2026 Regular Session

Title

Uniform Child Custody Jurisdiction Enforcement Act; certain temporary emergency child custody determinations authorized to become final

Summary

HB281 would let temporary emergency child custody orders under UCCJEA automatically become final after six months if no custody proceeding is filed in a jurisdiction, replacing the prior rule that such orders must explicitly become final.

What This Bill Does

The bill amends Alabama's UCCJEA rules to remove the requirement that temporary emergency custody orders explicitly become final, and instead makes those orders final automatically six months after entry if no custody proceeding has been started in a state with jurisdiction. It clarifies how the home state concept works and when a temporary order can become final, including scenarios with or without a prior custody determination. It requires courts to communicate with other states’ courts when proceedings or orders occur and to set a reasonable time period for obtaining orders from the other state. The measure takes effect on October 1, 2026.

Who It Affects

• Parents/guardians and children involved in temporary emergency custody determinations, who would see a six-month automatic finalization timeline if no further custody filing is made in a jurisdiction.
• Alabama courts and legal professionals, and courts in other states, which must communicate with each other and coordinate temporary orders and final determinations under UCCJEA.

Key Provisions

• Amends Section 30-3B-204 to implement automatic finality of temporary emergency custody determinations after six months if no proceeding is filed in a jurisdiction with proper authority.
• Specifies how a determination becomes final when there is no prior enforcement order and Alabama becomes the child’s home state, and when a prior determination or proceeding exists with respect to home state status.
• Requires timely communication between courts in Alabama and any other state involved to resolve emergencies and to set a duration for temporary orders by coordination with the other state's court.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law