26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts
1990, No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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26-24-30
Section 26-24-30 Alabama Children's Policy Council. (a) The Alabama Children's Policy
Council is hereby created and shall consist of the following members: Three appointees from
business and industry made by the Governor; the Lieutenant Governor; the Speaker of the House
of Representatives; two members of the Alabama Senate, one appointed by the Lieutenant Governor
and one appointed by the President Pro Tempore of the Senate; two members of the House of
Representatives appointed by the Speaker of the House of Representatives; the Chief Justice
of the Supreme Court of Alabama; the legal advisor to the Governor; the Attorney General;
the President of the Juvenile and Family Court Judges' Association; the Commissioner of the
Department of Corrections; the President of the District Attorneys' Association; the President
of the Chief Juvenile Probation Officers' Association; the Commissioner of the Department
of Human Resources; the Administrative Director of Courts; the Secretary of the...
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30-3-5
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation
rights, or child support. Notwithstanding any law to the contrary, venue of all proceedings
for petitions or other actions seeking modification, interpretation, or enforcement of a final
decree awarding custody of a child or children to a parent and/or granting visitation rights,
and/or awarding child support, and/or awarding other expenses incident to the support of a
minor child or children, and/or granting post-minority benefits for a child or children is
changed so that venue will lie in: (1) the original circuit court rendering the final decree;
or (2) in the circuit court of the county where both the current custodial parent or, in the
case of post-minority benefits, where the most recent custodial parent, that parent having
custody at the time of the child's attaining majority, and the child or children have resided
for a period of at least three consecutive years immediately preceding the...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable
cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.
(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State
Department of Human Resources may petition for relief on behalf of the following: a. A minor
child. b. Any person prevented by physical or mental incapacity from seeking a protection
order. (b) Standardized petitions for actions pursuant to this chapter shall be made available
through the circuit clerks' offices around the state. The circuit clerk shall not provide
assistance to persons in completing the forms or in presenting...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified
interpreter provided in certain criminal and juvenile proceedings; requirements; fees. (a)
Deaf person means any person either totally deaf, or who has defective hearing, or who has
both defective hearing and speech. (b) For the purpose of this section, the term qualified
interpreter means an interpreter certified by the National Registry of Interpreters for the
Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified
is not available, an interpreter whose qualifications are otherwise determined. Efforts to
obtain the services of a qualified interpreter certified with a legal skills certificate or
a comprehensive skills certificate will be made prior to accepting services of an interpreter
with lesser certification. No qualified interpreter shall be appointed unless the appointing
authority and the deaf person make a preliminary determination that the...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or
other person having control or charge of any child shall be convicted for failure to have
said child enrolled in school or for failure to send a child to school or for failure to require
such child to regularly attend such school or tutor, or for failure to compel such child to
properly conduct himself as a pupil, if such parent, guardian or other person having control
or charge of such child can establish to the reasonable satisfaction of the court the following:
(1) That the principal teacher in charge of said school which he attends or should attend
or the tutor who instructs or should instruct said child gave permission for the child to
be absent; or (2) That such parent, guardian or other person is unable to provide necessary
books and clothes in order that the child may attend school in compliance with law, and that
such parent, guardian or other person had prior to the opening of the school, or...
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26-14-7.2
Section 26-14-7.2 Child denied medical treatment due to parents' religious beliefs.
(a) When an investigation of child abuse or neglect by the Department of Human Resources determines
that a parent or legal guardian legitimately practicing his or her religious beliefs has not
provided specific medical treatment for a child, the parent or legal guardian shall not be
considered a negligent parent or guardian for that reason alone. This exception shall not
preclude a court from ordering that medical services be provided to the child when the child's
health requires it. (b) The department may, in any case, pursue any legal remedies, including
the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary
to provide medical care or treatment for a child when the care or treatment is necessary to
prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated
treatments from infants with disabilities and with life-threatening...
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26-17-607
Section 26-17-607 Action to disprove parentage when there is a presumed father. (a)
Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove
paternity at any time. If the presumed father persists in his status as the legal father of
a child, neither the mother nor any other individual may maintain an action to disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate
action only by clear and convincing evidence. In the event two or more conflicting presumptions
arise, that which is founded upon the weightier considerations of public policy and logic,
as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court
decree establishing paternity of the child by another man. (Act 2008-376, p. 666, §2.)...

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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in
a paternity proceeding where the defendant has been declared the legal father, the case shall
be reopened if there is scientific evidence presented by the defendant that he is not the
father. The court shall admit into evidence any scientific test recognized by the court that
has been conducted in accordance with established scientific principles or the court may order
a blood test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever
the court orders a test and any of the persons to be tested refuse to submit to the test,
the fact shall be disclosed at the trial, unless good cause is shown. (b) The test shall be
made by a qualified expert approved by the court. The expert may be called by the court or
any party as a witness to testify to the test results and shall be subject to cross-examination
by the parties. The test results may be admitted into evidence. If more than one...
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30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of
a petition seeking enforcement of a child custody determination, the petitioner may file a
verified application for the issuance of a warrant to take physical custody of the child if
the child is imminently likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child
is imminently likely to suffer serious physical harm or be removed from this state, it may
issue a warrant to take physical custody of the child. The petition must be heard within 72
hours after the warrant is executed unless impossible. In that event, the court shall hold
the hearing on the next judicial day. The application for the warrant must include the statements
required by Section 30-3B-308(b). (c) A warrant to take physical custody of a child
must: (1) Recite the facts upon which a conclusion of imminent serious physical harm or...

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