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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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15-1-3
Section 15-1-3 Foreign language interpreters. (a)(1) If at any stage of a criminal proceeding,
protection from abuse proceeding, or juvenile court proceeding or during the juvenile court
intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness
informs the court that he or she does not speak or adequately understand the English language,
the court may appoint an interpreter. (2) The defendant, juvenile, complainant, petitioner,
or witness shall inform the appropriate court of his or her need for an interpreter immediately
upon receiving notice to appear in the court. (3) If the court determines that due process
considerations require an interpreter, the court shall appoint a qualified person to interpret
the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting
assistance. The interpreter shall also interpret the testimony...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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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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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an interest
is not represented under this article, or that the otherwise available representation might
be inadequate, then the court may appoint a guardian ad litem or other representative to receive
notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated,
or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad
litem or other representative may act on behalf of the individual represented with respect
to any matter arising under this chapter, whether or not a judicial proceeding concerning
the trust is pending. (c) In making decisions, a guardian ad litem or other representative
may consider general benefit accruing to the living members of the individual's family. (d)
A guardian ad litem or other representative may be appointed to represent several persons
or interests. (Act 2006-216, p. 314, ยง1.)...
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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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-114.htm - 2K - Match Info - Similar pages
26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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30-3B-209
Section 30-3B-209 Information to be submitted to court. (a) Except, as otherwise provided in
subsection (e), in a child custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to
the child's present address or whereabouts, the places where the child has lived during the
last five years, and the names and present addresses of the persons with whom the child has
lived during that period. The pleading or affidavit must state whether the party: (1) Has
participated, as a party or witness or in any other capacity, in any other proceeding concerning
the custody of or visitation with the child and, if so, identify the court, the case number,
and the date of the child custody determination, if any; (2) Knows of any proceeding that
could affect the current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights,...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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