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43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing;
withdrawal of demand; order of court; enforcement of order. (a) The surviving spouse may elect
to take his elective share by filing with the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within six months after the date
of death, or within six months after the probate of the decedent's will, whichever limitation
last expires. The court may extend the time for election for cause shown by the surviving
spouse before the time for election has expired. (b) The surviving spouse shall give notice
of the time and place set for hearing to persons interested in the estate whose interests
will be adversely affected by the taking of the elective share. (c) The surviving spouse may
withdraw his demand for an elective share at any time before entry of a final determination
by the court. (d) After notice and hearing, the court shall determine the amount...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition
filed under this chapter, before a hearing on the matter, the court may enter an ex parte
order for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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30-3-169.2
Section 30-3-169.2 Court order. (a) Where the ends of justice dictate, the court may
grant a temporary order restraining the change of principal residence of a child or ordering
return of a child to the former residence of the child if a change of principal residence
has previously taken place without compliance with this article, and may consider, among other
factors, any of the following: (1) The notice required by this article was not provided in
a timely manner. (2) The notice required by this article was not accurate or did not contain
sufficient information upon which a person receiving the notice could base an objection. (3)
The child already has been relocated without notice, agreement of the parties, or prior court
approval. (4) The likelihood that on final hearing the court will not approve the change of
the principal residence of the child. (b) The court may grant a temporary order permitting
the change of principal residence of a child and providing for a revised schedule...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally;
notification of mother and child; filing of response; appointment of guardian ad litem; hearing;
issuance of order by court; certification of minutes of court to Center for Health Statistics,
etc. (a) The father may petition at the time of filing the declaration of legitimation or
at any time subsequent to the determination of legitimation to change the name of such child,
stating in his declaration the name it is then known by and the name he wishes it afterwards
to have. Such petition shall be filed in the office of the judge of probate of the father's
residence or the child's residence. (b) Upon the filing of the petition for name change, notice
shall be given to the child's mother and to the child as provided by the Alabama Rules of
Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure.
The child's mother shall, within 30 days after receiving notice, file her...
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38-9F-7
Section 38-9F-7 Hearing; temporary ex parte protection orders. (a) The court shall hold
a hearing after the filing of a petition under this chapter upon the request of the defendant
or within 10 days of the perfection of service. A final hearing shall be set at which the
standard of proof shall be a preponderance of the evidence. If the defendant has not been
served, a final hearing may be continued to allow for service to be perfected. (b) The court
may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff
from abuse. The court shall grant or deny a petition for a temporary ex parte protection order
filed under this chapter within three business days of the filing of the petition. Any granted
temporary ex parte protection order shall be effective until the final hearing date. (c) If
a final hearing under subsection (a) is continued, the court may make or extend temporary
ex parte protection orders under subsection (b) as it deems reasonably...
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6-6-230
Section 6-6-230 Granting of further relief; application therefor; order to show cause.
Further relief based on a declaratory judgment may be granted whenever necessary or proper.
The application therefor shall be by petition to a court having jurisdiction to grant the
relief. If the application is deemed sufficient, the court shall, on reasonable notice, require
any adverse party whose rights have been adjudicated by the declaratory judgment to show cause
why further relief should not be granted forthwith. (Acts 1935, No. 355, p. 777; Code 1940,
T. 7, §163.)...
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12-26-8
Section 12-26-8 Fees; indigency. (a) In addition to any court costs or docket fees for
filing a petition in circuit court, the petitioner shall pay an administrative filing fee
of one hundred dollars ($100) at the time of filing a petition to obtain an order of limited
relief. The administrative filing fee may not be waived by the court. (b) Notwithstanding
subsection (a), a petitioner may apply for indigent status by completing an Affidavit of Substantial
Hardship and submitting the affidavit when filing the petition. If the court finds the petitioner
is indigent, the court may establish a payment plan for the petitioner to satisfy the administrative
filing fee over a period of time. (c) All administrative filing fees shall be allocated to
the State Judicial Administration Fund administered by the Administrative Office of Courts.
(Act 2019-464, §8.)...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of
evidence; burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of
a defendant for a capital offense, the trial court shall conduct a separate sentence hearing
to determine whether the defendant shall be sentenced to life imprisonment without parole
or to death. The sentence hearing shall be conducted as soon as practicable after the defendant
is convicted. Provided, however, if the sentence hearing is to be conducted before the trial
judge without a jury or before the trial judge and a jury other than the trial jury, as provided
elsewhere in this article, the trial court with the consent of both parties may delay the
sentence hearing until it has received the pre-sentence investigation report specified in
Section 13A-5-47(b). Otherwise, the sentence hearing shall not be delayed pending receipt
of the pre-sentence investigation report. (b) The state and the defendant shall be...
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26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court
of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective
order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure
the health, safety, and welfare of the respondent or the protection of the respondent's property
or prevent a repetition of the unjustifiable conduct, including staying the proceeding until
a petition for the appointment of a guardian or issuance of a protective order is filed in
a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after
considering: (A) the extent to which the respondent and all persons required to be notified
of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether
it is a more appropriate forum than the court of any other state...
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