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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (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 to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing;
withdrawal of demand; order of court; enforcement of order. (a) The surviving spouse may elect
to take his elective share by filing with the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within six months after the date
of death, or within six months after the probate of the decedent's will, whichever limitation
last expires. The court may extend the time for election for cause shown by the surviving
spouse before the time for election has expired. (b) The surviving spouse shall give notice
of the time and place set for hearing to persons interested in the estate whose interests
will be adversely affected by the taking of the elective share. (c) The surviving spouse may
withdraw his demand for an elective share at any time before entry of a final determination
by the court. (d) After notice and hearing, the court shall determine the amount...
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26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by
person ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and
proceedings must be had as upon the original inquisition. If there be no contest of the allegations
of the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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26-2A-133
Section 26-2A-133 Original petition for appointment or protective order. (a) The person
to be protected or any person who is interested in the estate, affairs, or welfare of the
person, including a parent, child, guardian, custodian, or any person who would be adversely
affected by lack of effective management of the person's property and business affairs may
petition for the appointment of a conservator or for other appropriate protective order. (b)
The petition must set forth to the extent known the interest of the petitioner; the name,
age, residence, and address of the person to be protected; the names and addresses of all
persons, known to the petitioner, who must be given notice, a general statement of the person's
property with an estimate of the value thereof, including any compensation, insurance, pension,
or allowance to which the person is entitled; the reason why appointment of a conservator
or other protective order is necessary, and whether bond has been relieved. If the...
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26-8-43
Section 26-8-43 Removal of property of minor or ward whose parent, etc., resides without
state or removes minor or ward from state - Settlement of conservatorship of conservator within
state. If such minor or ward has a conservator in this state appointed by the court or subject
to the jurisdiction of the court, an order must be made and entered requiring such conservator
to make a final settlement of this conservatorship. (Code 1876, §2801; Code 1886, §2492;
Code 1896, §2377; Code 1907, §4467; Code 1923, §8240; Code 1940, T. 21, §112; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-8-49
Section 26-8-49 Sale of property to effect removal thereof from state - Application
for order of sale. The application for such order of sale must be in writing, verified by
affidavit, must describe the property sought to be sold and must state the facts showing that
the interest of the minor or incapacitated person would be promoted by the proposed sale.
(Code 1896, §2383; Code 1907, §4473; Code 1923, §8246; Code 1940, T. 21, §118; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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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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26-2B-401
Section 26-2B-401 Recording of guardianship orders. If a guardian has been appointed
in another state and a petition for the appointment of a guardian is not pending in this state,
the guardian appointed in the other state, after giving notice to the appointing court of
an intent to register, may record the guardianship order in this state by recording as a foreign
judgment in a court, in any appropriate county of this state, certified copies of the order
and letters of office. (Act 2010-500, p. 782, §1.)...
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35-5A-20
Section 35-5A-20 Accounting by and determining of liability of custodian. (a) A minor
who has attained the age of 14 years, the minor's guardian of the person or legal representative,
an adult member of the minor's family, a transferor, or a transferor's legal representative
may petition the court (1) for an accounting by the custodian or the custodian's legal representative;
or (2) for a determination of responsibility, as between the custodial property and the custodian
personally, for claims against the custodial property unless the responsibility has been adjudicated
in an action under section 35-5A-18 to which the minor or the minor's legal representative
was a party. (b) A successor custodian may petition the court for an accounting by the predecessor
custodian. (c) The court, in a proceeding under this chapter or in any other proceeding, may
require or permit the custodian or the custodian's legal representative to account. (d) If
a custodian is removed under section...
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12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical
examinations of children; minors or children believed to be individuals with a mental illness
or an intellectual disability; treatment or care for children; payment; authority to order
emergency medical care for children. (a) Where there are indications that a child may be physically
ill, a child with mental illness or an intellectual disability, or an evaluation of a child
is needed to help determine issues of competency to understand judicial proceedings, mental
state at the time of the offense, or the ability of the child to assist his or her attorney,
the juvenile court, on its own motion or motion by the prosecutor, or that of the child's
attorney or guardian ad litem for the child, may order the child to be examined at a suitable
place by a physician, psychiatrist, psychologist, or other qualified examiner, under the supervision
of a physician, psychiatrist, or psychologist who shall certify...
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