Code of Alabama

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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall
rule on the merits of the petition in accordance with subsection (d) within 90 calendar days
of the date the petition was filed. The court, for good cause, may extend the time within
which it must rule on the petition by order entered prior to the expiration of the initial
90-day period. (b) If the court determines that a hearing is not necessary, the court may
rule without a hearing. (c) If a hearing is held, the hearing shall be conducted in a manner
prescribed by the trial judge and may include oral argument and review of relevant documentation
in support of, or in objection to, the granting of the petition. Leave of the court shall
be obtained for the taking of witness testimony relating to any disputed fact. (d) In ruling
on the petition, the court may consider the following factors, in addition to the information
contained in the postsentence report: (1) The nature and seriousness of the offense....
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26-10A-16
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk
of the court within 30 days after the minor is placed with the prospective adoptive parent
or parents for purposes of adoption unless the minor is in custody of the Department of Human
Resources or a licensed child placing agency except that a petition for good cause shown may
be filed beyond the 30-day period. The petition shall be signed, and verified by each petitioner,
and shall allege: (1) The full name, age, and place of residence of each petitioner and, if
married, the place and date of marriage; (2) The date and place of birth of the adoptee, except
in the case of abandonment; (3) The birth name of the adoptee, any other names by which the
adoptee has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing
at the time of the filing of the petition, and if the minor is not in the custody of a petitioner,
when he, she, or they intend to acquire custody; (5) That each...
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22-11A-30
Section 22-11A-30 Commitment petition - Order for person to appear for hearing and be
examined by physician. When a petition has been filed seeking to commit any person to the
custody of the Alabama Department of Public Health, the probate judge shall order such person
to appear at the places and times designated for hearing the petition, and may order the person
to appear at designated times and places to be examined by licensed physicians. If the respondent
does not appear as ordered by the probate judge, the probate judge may order the sheriff of
the county in which the person is located to take the respondent into custody and compel his
attendance as ordered by the probate judge. (Acts 1987, No. 87-574, p. 904, §30.)...
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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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26-9-5
Section 26-9-5 Procedure for appointment of guardian - Filing of petition; contents
thereof. A petition for the appointment of a guardian may be filed in any court of competent
jurisdiction by or on behalf of any person who under existing law is entitled to priority
of appointment. If there is no person so entitled or if the person so entitled shall neglect
or refuse to file such a petition within 30 days after mailing of notice by the administration
to the last known address of such person indicating the necessity for the same, a petition
for such appointment may be filed in any court of competent jurisdiction by or on behalf of
any responsible person residing in this state. The petition for appointment shall set forth
the name, age, place of residence of the ward, the names and places of residence of the nearest
relative, if known, and the fact that such ward is entitled to receive moneys payable by or
through the administration and shall set forth the amount of moneys then due and...
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15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex
offender required to register under this chapter may petition the court for relief from the
residency restriction pursuant to subsection (a) of Section 15-20A-11 during the time
a sex offender is terminally ill or permanently immobile, or the sex offender has a debilitating
medical condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed
in the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
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30-3C-5
Section 30-3C-5 Jurisdiction. (a) A petition under this chapter may be filed only in
a court that has jurisdiction to make a child-custody determination with respect to the child
at issue under the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this
title. (b) Notwithstanding subsection (a), a court of this state has temporary emergency jurisdiction
to take action under this chapter if a child is present in this state and the court finds
there is a credible risk of abduction. (Act 2010-212, p. 339, §5.)...
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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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12-15-302
Section 12-15-302 Venue generally. (a) Dependency proceedings shall be commenced in
the county where the child resides, in the county where the child is present when the proceedings
are commenced, or in the county where the acts that are the basis of the dependency petition
occurred. (b) Regardless of the county where the child currently resides, when a petition
is filed seeking to modify an award of custody or visitation pursuant to an adjudication of
dependency, and one of the individuals who was a party to the original proceeding still resides
in the county of the juvenile court of original jurisdiction, the petition shall be filed
in the juvenile court of the original jurisdiction. (c) When a petition is filed seeking to
modify an award of custody or visitation pursuant to an adjudication of dependency in which
all parties to the original action, including the child, no longer reside in the county of
original jurisdiction, the petition shall be filed in the county where the child...
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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child.
(a) When any minor or child against whom a petition has been filed seeking to commit the minor
or child to the custody of the department is initially brought before the juvenile court,
the juvenile court shall provide a copy of the petition and if requested, read the petition
to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel,
and inform those persons verbally and in writing of the date, time, and place of the next
hearing to be held in regard to the minor or child, the purpose of the hearing, the rights
of the minor or child at the hearing, and the possible consequences of the hearing. (b) The
juvenile court shall appoint a child's attorney for the minor or child. The juvenile court
may appoint a guardian ad litem in addition to the child's attorney. No statement made or
act done by the minor or child in the presence of the juvenile court prior to the minor...

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