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12-22-3
Section 12-22-3 Judgments or decrees of abolished courts of record. If a court of record ceases
to exist by reason of the repeal of the statute creating it and, while existing, rendered
a judgment or decree from which an appeal would lie, within the time prescribed by law, an
appeal therefrom may be taken by filing a notice of appeal with the clerk or register of the
court to which the unfinished business or the records of such inferior court may be transferred
as if such judgment or decree had been rendered in the court having the jurisdiction of such
unfinished business or the custody of such records. In the event of the reversal of such judgment
or decree, the remandment of the case must be to the latter court. (Code 1876, §§3919, 3920;
Code 1886, §3618; Code 1896, §435; Code 1907, §2847; Code 1923, §6089; Code 1940, T. 7,
§753.)...
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18-1A-91
Section 18-1A-91 Contents of answer; preliminary objections. (a) In addition to other matters
required or permitted by law, a defendant may state in an answer: (1) The nature and extent
of the interest claimed by him in the property sought to be taken; and (2) The nature of and
basis for any preliminary objections. (b) The preliminary objections may include any available
ground for objecting to the maintenance of the action, including the grounds that: (1) The
plaintiff is not lawfully entitled to take the defendant's property for the purpose described
in the complaint; (2) A mandatory condition precedent to the commencement or maintenance of
the action has not been satisfied; and (3) The probate court lacks jurisdiction of the defendant
or of the subject matter, or is not the proper venue, or the complaint or any other procedural
aspect of the action is defective, insufficient, or improper. (Acts 1985, No. 85-548, p. 802,
§502.)...
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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of
the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property
within state - Authorization. The court of probate of a county in which an incapacitated person
residing without the state may have property, real or personal, requiring the care of a conservator,
may appoint a conservator for the property of such person which may be within this state if
such person has been declared an incapacitated person by a court having jurisdiction in the
state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code
1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances where
the change of principal residence of a child results in the relocation of a child to a residence
outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply
to actions commenced under this article. (b) Where the parties have been awarded joint custody,
joint legal custody, or joint physical custody of a child as defined in Section 30-3-151,
and at least one parent having joint custody, joint legal custody, or joint physical custody
of a child continues to maintain a principal residence in this state, the child shall have
a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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39-7-5
Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition. The probate
or circuit court or any judge thereof within the county shall have summary jurisdiction upon
complaint of an elector to determine the sufficiency of the petition and shall make such order
as justice may require as to such sufficiency. Such summary proceeding shall be instituted
within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No.
40, p. 72; Code 1940, T. 50, §21.)...
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43-2-45
Section 43-2-45 Letters not granted until five days after intestate's death; examination of
applicants and witnesses. No letters of administration must be granted until the expiration
of five days after the death of the intestate is known; and the court may, in all cases, examine
the persons applying therefor, on oath, touching the time and place of the death of the intestate
and as to whether or not he left any will and other matters necessary to give the court jurisdiction;
and may also examine any other witnesses as to the same facts and may compel their attendance
for that purpose by subpoena and attachment. (Code 1852, §1675; Code 1867, §1993; Code 1876,
§2357; Code 1886, §2019; Code 1896, §61; Code 1907, §2525; Code 1923, §5747; Code 1940,
T. 61, §86.)...
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