43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the personal representative's control, plus one year's estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844, lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land. (b) The court may at any time reduce the bond of the personal representative or require the personal...
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12-15-138
Section 12-15-138 Power of juvenile courts to enter protection or restraint ex parte order; when order may be entered; purpose of order. The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child subject to the proceeding. (Acts 1991, No. 91-661, p. 1265, §1; §12-15-150; amended and renumbered by Act 2008-277, p. 441, §9.)...
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6-10-83
Section 6-10-83 Proceedings to set apart homestead when same exceeds value allowed. When it appears from the report of the appraisers that the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable not exceeding 30 days after their appointment, set off and allot the homestead exempt, having regard to both the quality and value of the property and to the selection of the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian of the minor child or children, if there is such guardian; and, within 10 days thereafter, the commissioners shall return to the court in writing the homestead set off and allotted by them. (Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code 1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child charged with a delinquent act or who is alleged to be in need of supervision shall be accorded the rights and privileges afforded by the Constitution of the United States and the Constitution of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence over objection. Evidence illegally seized or obtained may not be received in evidence over objection to establish the allegations against the child. An extrajudicial admission or confession made by the child out of court is insufficient to support a finding that the child committed the acts alleged in the petition unless it is corroborated by other evidence. (c)...
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26-17-608
Section 26-17-608 Estoppel to deny paternity. (a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a complaint seeking to disprove paternity if the court determines that: (1) the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and (2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father. (b) When determining whether to deny the complaint, the court shall consider the following factors: (1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father; (2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child; (3) the facts surrounding the presumed or acknowledged...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if all of the following requirements are satisfied: (1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met. (2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart. (3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration. (b) A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties. (c) If a party files a complaint for a decree of legal separation rather than a decree of...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have the following meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court's clerical duties in regard to domestic relations matters, support and nonsupport cases, including the receipt and disbursement of support payments. (2) COURT. Any juvenile or family court division of the circuit or district court in the county where the mother of the child resides or is found, in the county where the father resides or is found, or in the county where the child resides or is found and, in the case of a petition seeking a divorce or legal separation, a petition seeking a modification of support previously ordered under a divorce decree or a petition seeking a contempt citation for failure to pay support previously ordered under a divorce decree, the circuit court or the domestic...
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6-6-623
Section 6-6-623 Appointment - Partnerships; power of court to make orders relative to partnership business, etc.; modification or vacation of appointment or orders. (a) When any partnership shall be dissolved and the partners cannot agree upon the disposition of the partnership effects and the settlement of the affairs of such partnership, either of them may apply to the circuit court for the county in which either of said partners resides or in which the property of such partnership is situated for the appointment of a receiver to hold the business and all of the estate, both real and personal, belonging to such partnership and dispose of, manage and apply the same as the said court may direct. Upon receiving such application, said court shall forthwith appoint a day for the hearing upon the same and shall make such order relative to notice of such application and of the hearing to the other partners as may be deemed proper. The hearing shall be at least six days from the service of...
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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian. (b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given, as prescribed in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court. (c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate. (d) If the court determines at any time in the proceeding that the interest of the ward...
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38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping; parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group of persons, or corporation may operate or conduct any facility for child care, as defined in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except as provided in subdivision (2), the licensure requirements of this chapter do not apply to a child-care facility that is operating as an integral part of a local church ministry or a religious nonprofit school, and is so recognized in the church or school's documents, whether operated separately or as a part of a religious nonprofit school unit, secondary school unit, or institution of higher learning under the governing board or authority of the local church or its convention, association, or regional body to which it may be subject. (2) A child-care facility that receives state or federal funds or is operating for...
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