Ex Parte Jennifer Ann Vest (herron). (in Re ex Parte Jennifer Ann Vest (herron) (in Re Jennifer Ann Vest (herron) V…

Summary

The Alabama Supreme Court reversed the Court of Civil Appeals and remanded, holding that venue in a child‑custody‑modification action may be waived and that Ala. Code § 6‑5‑440 does not bar a second filing when the venue issue is waived. The Court rejected the lower court’s “race‑to‑the‑courthouse” rationale. Two special concurrences elaborate on the timing of raising the abatement defense and the limited inquiry required in later actions.