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26-2A-79
Section 26-2A-79 Termination of appointment of guardian; general. A guardian's authority and
responsibility terminate upon the death, resignation, or removal of the guardian or upon the
minor's death, adoption, marriage, or attainment of majority, but termination does not affect
the guardian's liability for prior acts or the obligation to account for funds and assets
of the ward. Resignation of a guardian does not terminate the guardianship until it has been
approved by the court. (Acts 1987, No. 87-590, p. 975, §2-110.)...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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12-14-51
Section 12-14-51 Magistrates deemed chief officers of agency; appointment and powers of magistrates.
(a) The magistrates shall be considered the chief officers of the municipal court administrative
agency. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates
by class or position and, in addition thereto, provide for the appointment of other magistrates
by the Administrative Director of Courts, upon recommendation by municipal judges. (c) The
powers of a magistrate shall be limited to the following: (1) Issuance of arrest warrants.
(2) Granting of bail in minor misdemeanor prosecutions in accordance with the discretionary
bail schedule and approving property, cash, and professional surety bonds upon a municipal
judge's approval. (3) Receiving of pleas of guilty in minor misdemeanors where a schedule
of fines has been prescribed by rule. (4) Accountability to the municipal court for all uniform
traffic tickets and complaints issued, including all...
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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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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally; notification
of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order
by court; certification of minutes of court to Office of Vital Statistics. (a) A father of
a bastard child may seek to legitimate it and render it capable of inheriting his estate by
filing a notice of declaration of legitimation in writing attested by two witnesses, setting
forth the name of the child proposed to be legitimated, its sex, supposed age, and the name
of mother and that he thereby recognizes it as his child and capable of inheriting his estate,
real and personal, as if born in wedlock. The declaration, being acknowledged by the maker
before the judge of probate of the county of the father's residence or the child's residence
or its execution proved by the attesting witnesses, shall be filed in the office of the judge
of probate of the father's residence or the child's residence. (b)...
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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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26-23A-11
Section 26-23A-11 Anonymity in court proceedings. In every civil or criminal proceeding or
action brought under this chapter, the court shall rule whether the anonymity of any woman
upon whom an abortion has been performed or attempted, shall be preserved from public disclosure
if she does not give her consent to such disclosure. The court, upon motion or sua sponte,
shall issue written orders to the parties, witnesses, and counsel and shall direct the sealing
of the record and exclusion of individuals from courtrooms or hearing rooms to the extent
necessary to safeguard her identity from public disclosure. In the absence of written consent
of the woman upon whom an abortion has been performed or attempted, anyone, other than a public
official, who brings an action under Section 26-23A-10 shall do so under a pseudonym. This
section may not be construed to conceal the identity of the plaintiff or of witnesses from
the defendant. (Act 2002-419, p. 1074, §11.)...
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26-23G-8
Section 26-23G-8 Anonymity of certain individuals in court proceedings. In every civil, criminal,
or administrative proceeding or action brought under this chapter, the court shall rule whether
the identity of any woman upon whom an abortion has been performed or attempted to be performed
shall be preserved from public disclosure if she does not give her consent to such disclosure.
The court, upon motion or sua sponte, shall make such a ruling and, upon determining that
her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel
and shall direct the sealing of the record and exclusion of individuals from courtrooms or
hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each
order shall be accompanied by specific written findings explaining why the anonymity of the
woman should be preserved, why the order is essential to that end, how the order is narrowly
tailored to serve that interest, and why no reasonable less...
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30-3-1
Section 30-3-1 Custody and education of children upon grant of divorce; custody of children
where wife abandons husband. Upon granting a divorce, the court may give the custody and education
of the children of the marriage to either father or mother, as may seem right and proper,
having regard to the moral character and prudence of the parents and the age and sex of the
children; and pending the action, may make such orders in respect to the custody of the children
as their safety and well-being may require. But in cases of abandonment of the husband by
the wife, he shall have the custody of the children after they are seven years of age, if
he is a suitable person to have such charge. (Code 1852, §1977; Code 1867, §2367; Code 1876,
§2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940,
T. 34, §35.)...
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