Recently, you went through a divorce. What your ex did to you was unforgivable, but that was only the beginning. The legal battle over assets brought out the worst in both of you. Harsh words, endless paperwork, and bitter negotiations defined every interaction. But as you soon learned, things can always get worse. Once the custody battle began, you and your ex turned into different people, angrier, colder, and more combative. Your in-laws joined the fray. Even the attorneys seemed to be at each other’s throats, fighting like they had a personal stake in your pain. It was exhausting and ugly. Eventually, though, things settled. The dust cleared. The fire faded. You and your ex now barely speak, and when you do, it’s cold, but civil. You share joint custody of your child, alternating weeks and weekends. It’s not ideal, but it works. Or at least, it was working. Recently, however, your ex accepted a new job in Nashville and relocated there with your child. Despite the move, your custody arrangement continued the same, until the court summons arrived.

You’re stunned. A new custody case? Again? Hasn’t this already been litigated? you wonder. The terms were set in your divorce decree. finalized, signed, and ordered by an Alabama court. So how is this still an issue? But then comes the twist: your ex is now claiming that since she and your child live in Tennessee, Alabama no longer has jurisdiction. Instead, she has filed for custody in Tennessee, and, shockingly, a court there has already awarded her sole custody. Now, you're left scrambling to understand what just happened. Jurisdiction? How did Tennessee gain the authority to undo what Alabama decided? You turn to your attorney and ask the only question that matters: What is going on, and what happens next?

Under similar circumstances, on April 25, 2025, the Alabama Court of Civil Appeals held that Alabama courts retained jurisdiction over the child. This decision reversed the Limestone County Circuit Court’s ruling, which had allowed a Tennessee court to assume custody jurisdiction over the child. In this case, on appeal, the father, who remained in Alabama, argued the following: “he, [the] [father], has joint legal custody of the child and because the father continues to reside in Alabama, then there is a ‘significant connection’ with Alabama such that the circuit court has continuing jurisdiction under the UCCJEA.” Baker v. Dukes, No. CL-2024-0675, 2025 WL 1198445, at *3 (Ala. Civ. App. Apr. 25, 2025). The Alabama Court of Civil Appeals agreed, holding that Alabama courts retained jurisdiction over the child.

Under Alabama law, the UCCJEA governs interstate court jurisdiction in custody cases. “One of the purposes of the UCCJEA is to facilitate cooperation between courts in different states in issuing custody and visitation orders.” Ex parte Siderius, 144 So. 3d 319 (Ala. 2013). The UCCJEA establishes both a court's jurisdiction to make an “initial child custody determination” and its “continuing, exclusive jurisdiction” over child custody matters. See §§ 30-3B-201 and -202, Ala. Code 1975.

Under Alabama law, “The fact that the mother and the child reside in Tennessee is not alone sufficient to terminate the continuing, exclusive jurisdiction of the circuit court.” Baker v. Dukes, 1198445, at *3. To determine whether the circuit court retains jurisdiction, the court considers whether “the child and at least one parent have a significant connection to this state[.] [as] [well] [as] [,] whether substantial evidence is available in this state concerning the child's care, protection, training, and personal relationship.” Id. Furthermore, if “at least one parent… [of] a child continu[es] to maintain a principal residence in this state, the child shall have a significant connection with this state.” Id. at *5. Therefore, because the child maintained a significant connection to Alabama through the father’s continued residence in the state, the court held that Alabama retained jurisdiction, as the father remained in the state that issued the original custody order. Id.

The Alabama Court of Civil Appeals made the correct and necessary decision in this case. The Court reaffirmed a fundamental principle of law: when a parent remains in the state that issued the custody order, that state’s courts retain jurisdiction over the matter. This is a basic and well-established rule under Alabama law, and nearly every other state—except Massachusetts—follows a similar approach.

It is perplexing how the Limestone County Circuit Court reached the conclusion that Tennessee should have jurisdiction over this matter, given how settled the legal standard is. Clear errors like this are not merely procedural missteps, they are dangerous and undermine public trust in the legal system. Although the error was ultimately corrected on appeal, the Limestone County Circuit Court should have reached the correct decision in the first instance. Circuit courts are where most people interact with the legal system in Alabama. They should be held to the highest possible standard to build and maintain public confidence. In this case, the Limestone County Circuit Court failed to meet that standard.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205-335-2640. Get Relief Get Results.