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26-2A-115
Section 26-2A-115 Hearing; orders. (a) In ruling on the petition, the court shall conduct a
hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent
visitation decision based on evidence presented. (b) If the court determines that the ward
has sufficient capacity to make a knowing and intelligent visitation decision and the ward
expresses a desire for visitation with the petitioner, the court shall order visitation. (c)
If the court determines that the ward has sufficient capacity to make a knowing and intelligent
visitation decision, but does not desire visitation with the petitioner, the court shall not
order visitation. (d) If the court determines that the ward does not have capacity to make
a knowing and intelligent visitation decision, the court shall determine whether to order
visitation based on the best interest of the ward as determined by the evidence presented
to the court. (e) The court shall order the petitioner to pay the court costs...
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26-2A-114
Section 26-2A-114 Investigation and report. Before ruling on the petition, the court may order
the Department of Human Resources or the court representative to do any or all of the following:
(1) Conduct interviews with the following: a. The ward b. All petitioners. c. The relatives
of the ward. d. To the extent practical, neighbors and, if known, close friends of the ward.
(2) Inform the ward of the contents of the petition. (3) Determine whether the ward has the
capacity to consent to the requested visitation. (4) Determine whether the ward desires the
proposed visitation. (5) Report to the court in writing, at least seven days before the hearing,
concerning subdivisions (1) to (4), inclusive. (6) Mail, at least seven days before the hearing,
a copy of the report referred to in subdivision (5) to all of the following: a. The petitioner
or his or her attorney, if any. b. The guardian ad litem appointed to represent the ward for
purposes of the petition for visitation. c. The guardian....
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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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34-26-46
intimidation, or abuse, sexual or otherwise, of a client or patient. (8) Engaging in sexual
intercourse or other sexual contact with a client or patient. (9) Use of repeated untruthful
or deceptive or improbable statements concerning the licensee's qualifications or the effects
or results of proposed treatment, including functioning outside of one's professional competence
or area of specialization established by education, training, and experience as recognized
by the board. (10) Gross malpractice or repeated malpractice or gross negligence
in practice as a psychologist or psychological technician. (11) Aiding or abetting practice
as a psychologist or psychological technician by any person not licensed by the board. (12)
Conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any third
party payor (a copy of the record of conviction, certified to by the clerk of the court entering
the conviction, shall be conclusive evidence). (13) Exercising undue...
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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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26-2A-113
Section 26-2A-113 Petition to compel visitation. (a) A relative may file a petition with the
court to compel visitation with a ward from whom he or she has been isolated. (b) The petition
shall be filed in the court having jurisdiction over the guardianship of the ward. (c) On
motion of either the petitioner or the guardian or the court, the petition shall be transferred
to the circuit court for the sole purpose of a determination of any relief under this division.
(d) The petition shall state all of the following information: (1) The condition of the ward's
physical and mental health, to the extent known by the petitioner. (2) The efforts to obtain
visitation with the ward. (3) The proposed visitation that is sought. (4) The deficit or deficits,
if any, in the ward's mental functions that are impaired and an identification of a link between
the deficit or deficits and the ward's inability to respond knowingly and intelligently to
queries about the requested visitation. (5) The names...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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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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10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which remains unsettled, the corporation shall commence a proceeding within 60
days after receiving the payment demand and petition the court to determine the fair value
of the stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, ยง8102; Acts...
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