Code of Alabama

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26-2A-111
Section 26-2A-111 Proceedings subsequent to appointment; venue. (a) The court at the place
where the ward resides has concurrent jurisdiction with the court that appointed the guardian
or in which acceptance of a parental or spousal appointment was filed over resignation, removal,
accounting, and other proceedings relating to the guardianship, including proceedings to limit
the authority previously conferred on a guardian or to remove limitations previously imposed.
(b) If the court at the place where the ward resides is not the court in which acceptance
of appointment is filed, the court in which proceedings subsequent to appointment are commenced,
in all appropriate cases, shall notify the other court, in this or another state, and after
consultation with that court determine whether to retain jurisdiction or transfer the proceedings
to the other court, whichever may be in the best interest of the ward. A copy of any order
accepting a resignation, removing a guardian, or altering...
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26-2A-80
Section 26-2A-80 Proceedings subsequent to appointment; venue. (a) The court at the place where
the ward resides has concurrent jurisdiction with the court that appointed the guardian or
in which acceptance of a parental appointment was filed over resignation, removal, accounting,
and other proceedings relating to the guardianship. (b) If the court at the place where the
ward resides is neither the appointing court nor the court in which acceptance of appointment
is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate
cases shall notify the other court, in this or another state, and after consultation with
that court determine whether to retain jurisdiction or transfer the proceedings to the other
court, whichever is in the best interest of the ward. A copy of any order accepting a resignation
or removing a guardian must be sent to the appointing court or the court in which acceptance
of appointment is filed. (Acts 1987, No. 87-590, p. 975,...
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12-15-309
Section 12-15-309 Alleged dependent child to be released when continued shelter care not required;
conditions imposed upon release; amendment of conditions or return of child to custody upon
failure to conform to conditions imposed. (a) When the juvenile court finds that continued
shelter care is not required for a child, the juvenile court shall order the return of the
child, and in so doing, may impose one or more of the following conditions singly or in combination:
(1) Return the child to the custody of the parent, legal guardian, or legal custodian and,
if necessary, place the child under the supervision of the Department of Human Resources.
(2) Place restrictions on travel, associations, or living conditions of the child pending
the adjudicatory hearing. (b) An order releasing a child on any conditions specified may at
any time be amended to impose additional or different conditions. (Act 2008-277, p. 441, §18.)...

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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality, or
any governmental department or agency, including, but not limited to, the Department of Human
Resources or the Department of Youth Services, or any person, including a parent, legal guardian,
or legal custodian, may file a petition in the juvenile court to have any minor or child,
as defined in this chapter, committed to the custody of the department on the basis that the
minor or child is an individual with a mental illness or intellectual disability and, as a
consequence of that mental illness or intellectual disability, poses a real and present threat
of substantial harm to self or to others. (b) The petition shall be verified and filed in
the county in which the minor or child is located or resides, petitioning the juvenile court
to commit the minor or child to the custody of the department. (Acts 1975, No. 1205, p. 2384,
§5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...
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26-17-637
Section 26-17-637 Binding effect of determination of parentage. (a) Except as otherwise provided
in subsection (b), a determination of parentage is binding on: (1) all signatories to an acknowledgement
as provided in Article 3; and (2) all parties to an adjudication by a court acting under circumstances
that satisfy the jurisdictional requirements of Section 30-3A-201. (b) A child is not bound
by a determination of parentage under this chapter unless the child was a party or was represented
in the proceeding determining parentage by a guardian ad litem. (c) In a proceeding to dissolve
a marriage, the court is deemed to have made an adjudication of the parentage of a child if
the court acts under circumstances that satisfy the jurisdictional requirements of Section
30-3A-201, and the final order expressly identifies a child as a "child of the marriage,"
"issue of the marriage," or similar words indicating that the husband is the father
of the child. (d) Except as otherwise provided in...
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26-2A-100
Section 26-2A-100 Appointment of guardian for incapacitated person by will or other writing.
(a) The parent of an unmarried incapacitated person may appoint by will, or other writing
signed by the parent and attested by at least two witnesses or acknowledged, a guardian of
the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated,
a parental appointment becomes effective when, after having given seven days' prior written
notice of intention to do so to the incapacitated person and to the person having the care
of the person or to the nearest adult relative residing in this state, the guardian files
acceptance of appointment in the court in which the will is probated, or in the case of a
nontestamentary nominating instrument, in the court at the place where the incapacitated person
resides or is present. If both parents are dead, an effective appointment by the parent who
died later has priority. (b) The spouse of a married incapacitated person...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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43-8-200
Section 43-8-200 Contest in circuit court after admission to probate - Parties; conclusiveness
of judgment. In the event a contest of the probate of a will is instituted in the circuit
court, as is or may be authorized by law, all parties interested in the probate of the will,
as devisees, legatees or otherwise, as well as those interested in the testator if he had
died intestate, as heirs, distributees or next of kin, shall be made parties to the contest;
and if there be minors or persons of unsound mind interested in the estate or in the probate
of the will, they shall be represented by their legal guardian, if such they have; if they
have no such guardian, the court shall appoint an attorney-at-law as guardian ad litem to
represent their interest in the contest, and the final judgment in such contest proceedings
shall be conclusive as to all matters which were litigated or could have been litigated in
such contest; and no further proceedings shall ever be entertained in any courts...
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43-8-52
Section 43-8-52 Controversy as to advancements - Proceedings and answer upon death of distributee.
In case of the death of any distributee or heir alleged to have received advancements, his
legal representatives or heirs at law shall be required to report or answer in the same manner
as set forth in section 43-8-51; and if they are residents of this state, notice must be given
by citation, and if nonresidents, by publication, as provided for in cases embraced in section
43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons
of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who
shall deny the allegation contained in such application, and demand proof thereof. (Code 1867,
§1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923,
§7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)...
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12-15-111
Section 12-15-111 Contributing to the delinquency, dependency, or need of supervision of children.
(a) It shall be unlawful for any parent, legal guardian, legal custodian, or other person
to do any of the following: (1) To willfully aid, encourage, or cause any child to become
or remain delinquent, dependent, or in need of supervision. (2) To permit or encourage the
employment of any child in violation of any of the provisions of the child labor law. (3)
To cause a child to fail to attend school as required by the compulsory school attendance
law. (b) Whenever, in the course of any proceedings pursuant to this chapter, or when, by
affidavit as provided in this subsection, it shall appear to the juvenile court that a parent,
legal guardian, legal custodian, or other person having custody, control, or supervision of
a child or any other person not standing in any relation to the child has aided, encouraged,
or caused the child to become delinquent, dependent, or in need of supervision,...
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