26-17-315
Section 26-17-315 Hospital paternity acknowledgment program. (a) Hospitals that have a licensed
obstetric care unit or are licensed to provide obstetric services or licensed birthing centers
associated with a hospital shall provide to the mother and alleged father, if he is present
in the hospital, during the period immediately preceding or following the birth of a child
to an unmarried woman in the hospital, all of the following: (1) written materials about paternity
establishment; (2) form affidavits of paternity; (3) a written description of the rights and
responsibilities of acknowledging paternity; and (4) an opportunity, prior to discharge from
the hospital, to speak with a trained person made available through the Department of Human
Resources, either by telephone or in person, who can clarify information and answer questions
about paternity establishment. The Department of Human Resources shall make materials available
without cost to the hospitals. If the mother and father...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances where
the change of principal residence of a child results in the relocation of a child to a residence
outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply
to actions commenced under this article. (b) Where the parties have been awarded joint custody,
joint legal custody, or joint physical custody of a child as defined in Section 30-3-151,
and at least one parent having joint custody, joint legal custody, or joint physical custody
of a child continues to maintain a principal residence in this state, the child shall have
a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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30-3B-210
Section 30-3B-210 Appearance of parties and child. (a) In a child custody proceeding in this
state, the court may order a party to the proceeding who is in this state to appear before
the court in person with or without the child. The court may order any person who is in this
state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside
this state, the court may order that a notice given pursuant to Section 30-3B-108 include
a statement directing the party to appear in person with or without the child and informing
the party that failure to appear may result in a decision adverse to the party. (c) The court
may enter any orders necessary to ensure the safety of the child and of any person ordered
to appear under this section. (d) If a party to a child custody proceeding who is outside
this state is directed to appear under subsection (b) or desires to appear...
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30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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43-2-704
Section 43-2-704 Time for hearing; notice of hearing. The probate court, on the filing of such
report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom,
to hear and determine the same and must give notice to the creditors of and to all persons
interested in the estate of the filing of the report and the day appointed to hear and determine
the same by publication, once a week for three successive weeks, in some newspaper published
in the county or, if none is published therein, in a newspaper published nearest to the courthouse
of such county, and by posting such notice at the courthouse door for the same length of time
and by forwarding such notice by mail to all creditors and to all adult heirs or distributees
whose places of residence are known, and shall appoint guardians ad litem for all heirs or
distributees who are minors or of unsound mind. Upon the day appointed or on any other day
to which the hearing is continued, the court must proceed to...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property
within state - Authorization. The court of probate of a county in which an incapacitated person
residing without the state may have property, real or personal, requiring the care of a conservator,
may appoint a conservator for the property of such person which may be within this state if
such person has been declared an incapacitated person by a court having jurisdiction in the
state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code
1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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30-3-2
Section 30-3-2 Custody and education of children upon voluntary separation of husband and wife.
(a) In all cases of voluntary separation of husband and wife, the circuit court has power,
on the motion of either party, 20 days' notice thereof being given to the other, to permit
either the father or mother to have the custody and control of the children and to superintend
and direct their education, having regard to the prudence, ability, and fitness of the parents,
and the age and sex of the children. (b) Upon the hearing of the motion, witnesses may be
examined orally or testimony may be taken as in other civil actions. While the application
is pending, the court may direct an injunction or make any order that the safety and well-being
of the wife or children may require. (Code 1852, §§2006, 2007; Code 1867, §§2397, 2398;
Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907,
§§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79,...
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30-3D-611
Section 30-3D-611 Modification of child-support order of another state. (a) If Section 30-3D-613
does not apply, upon petition a tribunal of this state may modify a child-support order issued
in another state which is registered in this state if, after notice and hearing, the tribunal
finds that: (1) the following requirements are met: (A) neither the child, nor the obligee
who is an individual, nor the obligor resides in the issuing state; (B) a petitioner who is
a nonresident of this state seeks modification; and (C) the respondent is subject to the personal
jurisdiction of the tribunal of this state; or (2) this state is the residence of the child,
or a party who is an individual is subject to the personal jurisdiction of the tribunal of
this state, and all of the parties who are individuals have filed consents in a record in
the issuing tribunal for a tribunal of this state to modify the support order and assume continuing,
exclusive jurisdiction. (b) Modification of a registered...
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26-17-605
Section 26-17-605 Venue. Venue for a proceeding to adjudicate parentage is in the county of
this state in which: (1) the child resides; (2) the defendant resides; (3) a proceeding for
probate or administration of the presumed or alleged father's estate has been commenced; or
(4) the plaintiff resides, only if the circumstances in subdivisions (1), (2), or (3) do not
apply. (Act 2008-376, p. 666, §2.)...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases shall
have the following meanings, unless the context requires a different definition: (1) CHANGE
OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined
by a prior court order, whether or not accompanied by a change of the residence of a person
entitled to custody of the child, with the intent that such change shall be permanent in nature
and not amounting to a temporary absence of the child from his or her principal residence.
(2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this
article, the term may include the singular and the plural. (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...
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