Senate Bill 239 Alabama 2026 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

2026 Regular Session

Title

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

Summary

SB239 would automatically convert temporary emergency child custody orders into final orders after six months if no custody proceeding is filed in a jurisdiction.

What This Bill Does

It removes the current rule that requires a temporary emergency custody order to be explicitly labeled final. If no child custody proceeding is commenced in a state with jurisdiction within six months after the temporary order is entered, that order becomes final automatically. The bill also regulates how temporary orders interact with existing or potential proceedings in other states, requiring courts to communicate with those states and to set a reasonable period for obtaining orders from the other state. It takes effect on October 1, 2026.

Who It Affects

• Parents or guardians involved in temporary emergency custody cases in Alabama, who could see a temporary order become final automatically after six months if no further proceedings are filed in a jurisdiction.
• Children who are the subject of these custody determinations, as the stability and finality of their custody arrangement may be established automatically after six months if no other state action is filed.

Key Provisions

• Amends Section 30-3B-204 to remove the requirement that temporary emergency custody determinations under UCCJEA automatically become final, replacing it with an automatic finalization after six months if no jurisdiction has commenced a custody proceeding.
• If there is a prior custody determination or a proceeding has been commenced in another state, orders must specify a reasonable period to obtain an order from the other state, and the temporary order remains in effect until that period expires or an order is issued.
• Courts must immediately communicate with the other state's court when a proceeding has started or a determination has been made, to resolve the emergency and determine the duration of the temporary order.
• 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