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26-10A-28
Section 26-10A-28 Adoption by other relatives. A grandfather, a grandmother, great-grandfather,
great-grandmother, great-uncle, great-aunt, a brother, or a half-brother, a sister, a half-sister,
an aunt or an uncle of the first degree and their respective spouses, if any may adopt a minor
grandchild, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a
minor nephew, a minor niece, a minor great-grandchild, a minor great niece or a minor great
nephew, according to the provisions of this chapter, except that: (1) Before the filing of
the petition for adoption, the adoptee must have resided for a period of one year with the
petitioner, unless this filing provision is waived by the court for good cause shown; (2)
No investigation under Section 26-10A-19 shall occur unless otherwise directed by the court;
and (3) No report of fees and charges under Section 26-10A-23 shall be made unless ordered
by the court. (Acts 1990, No. 90-554, p. 912, §28.)...
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30-3-162
Section 30-3-162 Applicability. (a) Except as provided otherwise by this chapter, the provisions
of this article apply to all orders determining custody of or visitation with a child whether
such order was issued before or after September 1, 2003. To the extent that a provision of
this article conflicts with an existing order determining custody of or visitation with a
child or other enforceable agreement, this article does not apply to alter or amend the terms
of such order or agreement which addresses the rights of the parties or the child with regard
to a change in the primary residence of a child. Any person entitled to the legal or physical
custody of or visitation with a child may commence an action for modification to incorporate
the provisions of this article into an existing order determining the custody of or visitation
with a child. Except as provided in subsection (c) of Section 30-3-165, this article shall
not apply to a person who is on active military service in the...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care of children
taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent child, or
child in need of supervision lawfully taken into custody shall immediately be released, upon
the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child has no
parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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22-9A-11
Section 22-9A-11 Court reports of adoption. (a) For each adoption decreed by a court of competent
jurisdiction in this state, the court shall require the preparation of a report of adoption
on a form prescribed and furnished by the State Registrar. The report shall indicate those
facts necessary to locate and identify the certificate of birth of the person adopted or in
the case of a person who was born in a foreign country, evidence from sources determined to
be reliable by the court as to the date and place of birth of the person. The report shall
provide information necessary to establish a new certificate of birth of the person adopted,
identify the order of adoption, and be certified by the clerk of the court. (b) Information
necessary to prepare the report of adoption shall be furnished by each petitioner for adoption
or his or her attorney. The child-placing agency or any person having knowledge of the facts
shall supply the court with additional information as may be necessary...
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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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26-10A-30
Section 26-10A-30 Grandparent visitation. Post-adoption visitation rights for the natural grandparents
of the adoptee may be granted when the adoptee is adopted by a stepparent, a grandfather,
a grandmother, a brother, a half-brother, a sister, a half-sister, an aunt or an uncle and
their respective spouses, if any. Such visitation rights may be maintained or granted at the
discretion of the court at any time prior to or after the final order of adoption is entered
upon petition by the natural grandparents, if it is in the best interest of the child. (Acts
1990, No. 90-554, p. 912, §29.1.)...
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30-3-151
Section 30-3-151 Definitions. For the purposes of this article the following words shall have
the following meanings: (1) JOINT CUSTODY. Joint legal custody and joint physical custody.
(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions
concerning the child, including, but not limited to, the education of the child, health care,
and religious training. The court may designate one parent to have sole power to make certain
decisions while both parents retain equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures
the child frequent and substantial contact with each parent. Joint physical custody does not
necessarily mean physical custody of equal durations of time. (4) SOLE LEGAL CUSTODY. One
parent has sole rights and responsibilities to make major decisions concerning the child,
including, but not limited to, the education of the child, health care,...
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30-3B-203
Section 30-3B-203 Jurisdiction to modify determination. Except as otherwise provided in Section
30-3B-204, a court of this state may not modify a child custody determination made by a court
of another state unless a court of this state has jurisdiction to make an initial determination
under Section 30-3B-201(a)(1) or (2) and: (1) The court of the other state determines it no
longer has continuing, exclusive jurisdiction under Section 30-3B-202 or that a court of this
state would be a more convenient forum under Section 30-3B-207; or (2) A court of this state
or a court of the other state determines that the child, the child's parents, and any person
acting as a parent do not presently reside in the other state. (Act 99-438, p. 866, §1.)...
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