26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents - Transcript showing appointment as conservator of minor or ward in state of residence, etc.; notice to resident administrator, guardian, etc.; entry of order authorizing removal of property to state of residence. The conservator must produce a transcript from the records of a court of competent jurisdiction, certified according to the act of Congress, showing that he or she has been appointed conservator of the minor or ward in the state in which he or she and the minor or ward reside and has duly qualified as such according to the laws thereof and given bond, with surety, for the performance of his or her trust; and must also give 10 days' notice to the resident executor, administrator, or conservator, if there is such, of the intended application. Thereupon, if good cause is not shown to the contrary and the judge of probate shall be satisfied, upon proof being made, that it will be for the...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person, agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319. (6) Any person known to the petitioners as currently having physical custody of the adoptee, excluding foster parents or other private licensed agencies, or having visitation rights with the adoptee under an existing court order. (7) The agency or individual authorized to investigate the adoption under Section 26-10A-19. (8) Any other...
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22-9A-19
Section 22-9A-19 Amendment of vital records. (a) A certificate registered under this chapter may be amended only in accordance with this chapter and rules adopted by the board to protect the integrity and accuracy of vital records. (b) A certificate that is amended under this section shall be marked "AMENDED" except as otherwise provided in this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be made a part of the record. Additions or minor corrections may be made to certificates within one year after the date of the event without the certificate being marked "AMENDED." The board shall prescribe by rules the conditions under which additions or minor corrections may be made. (c) Amendment of names on a birth certificate. (1) Until the fifth birthday of the registrant, given names for a child whose birth was recorded without given names may be added to the certificate upon affidavit of both parents, or the mother in the...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed and prior to the entry of the final decree, the records in adoption proceedings shall be open to inspection only by the petitioner or his or her attorney, the investigator appointed under Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any attorney retained by or appointed to represent the adoptee. Such records shall be open to other persons only upon order of court for good cause shown. (b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any person other than interested parties and their counsel, except with leave of court. (c) After the final decree of adoption has been entered, all papers, pleadings, and other documents pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise provided in this section and in...
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17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied shall have the right of appeal, without giving security for costs, within 30 days after such denial, by filing a petition in the probate court in the county in which he or she seeks to register, alleging that he or she is a citizen of the United States over the age of 18 years having the qualifications as to residence prescribed by law and entitled to register to vote under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of the petition, the clerk of the probate court shall give notice thereof to the district attorney authorized to represent the state in the county, who shall appear and defend against the petition on behalf of the state. The registrars shall not be made parties and shall not be liable for costs. An appeal will lie to the circuit court in favor of the petitioner if taken within 30 days from the date of the judgment pursuant to Section 12-22-20....
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property within state - Procedure. The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and the property requiring the care of a conservator. On the filing of such application, the court must appoint a day for the hearing thereof, notice of which must be given for three successive weeks by publication in some newspaper published in the county or, if there is no such paper published in the county, by publication in a paper published in an adjoining county, and a copy of such paper must be mailed by the probate judge to such person at the post office nearest his or her residence. The court must appoint a guardian ad litem to represent and defend for such person and it shall be the duty of such guardian ad litem to put in...
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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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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily as practicable the judge of probate shall issue a notice addressed to each person against whom any unpaid taxes are assessed as shown by such book, substantially in the following form: "State of Alabama, (give name of county) county, to (give name of taxpayer): The tax collector has filed in my office a list of delinquent taxpayers, and of real estate upon which taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of taxes) with costs added. This is to notify you to appear before the probate court of said county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and there to show cause, if any you have, why a decree for the sale of property assessed for taxation as belonging to you should not be made for the payment of the taxes thereon and fees and costs. (Here probate judge's signature). Judge of probate." Such notice must...
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6-6-720
Section 6-6-720 Entry of summary judgment in favor of state against certain defaulters or sureties. Summary judgment must be entered in favor of the state against the defaulters named in this section and their sureties, or either, in any court of the county of their residence having jurisdiction, on 10 days' notice, in the following cases: (1) Against any tax assessor for making up a false or fraudulent assessment, in each case, for not more than $500, and such tax assessor may also be imprisoned in the county jail for not exceeding three months; (2) Against any county treasurer or county depositaries, or any officer or agency of the county charged with the duty and custody of receiving and paying out county funds, for failing to pay over the excess of purchase money as provided in the revenue law to the former owner of any property sold for taxes, for not less than $200; (3) Against any judge of probate for failing to make out and forward abstracts, reports, or returns according to...
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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner may be filed with a circuit court of any county in this state in which he or she resides or was born, for an order establishing a birth record. (b) The petition shall allege each of the following: (1) The person for whom a delayed certificate of birth is sought was born in this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3) Diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary evidence which was submitted to the State Registrar in support of the...
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