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30-3-131
Section 30-3-131 Determination raises rebuttable presumption that custody with perpetrator
detrimental to child. In every proceeding where there is at issue a dispute as to the custody
of a child, a determination by the court that domestic or family violence has occurred raises
a rebuttable presumption by the court that it is detrimental to the child and not in the best
interest of the child to be placed in sole custody, joint legal custody, or joint physical
custody with the perpetrator of domestic or family violence. Notwithstanding the provisions
regarding rebuttable presumption, the judge must also take into account what, if any, impact
the domestic violence had on the child. (Acts 1995, No. 95-629, p. 1332, §2.)...
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30-3-133
Section 30-3-133 Determination raises rebuttable presumption that child reside with
parent not perpetrator. In every proceeding where there is at issue a dispute as to the custody
of a child, a determination by the court that domestic or family violence has occurred raises
a rebuttable presumption by the court that it is in the best interest of the child to reside
with the parent who is not a perpetrator of domestic or family violence in the location of
that parent's choice, within or outside the state. (Acts 1995, No. 95-629, p. 1332, §4.)...
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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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30-3-135
Section 30-3-135 Visitation by parent who committed violence. (a) A court may award
visitation by a parent who committed domestic or family violence only if the court finds that
adequate provision for the safety of the child and the parent who is a victim of domestic
or family violence can be made. (b) In a visitation order, a court may take any of the following
actions: (1) Order an exchange of the child to occur in a protected setting. (2) Order visitation
supervised in a manner to be determined by the court. (3) Order the perpetrator of domestic
or family violence to attend and complete to the satisfaction of the court, a program of intervention
for perpetrators or other designated counseling as a condition of visitation. (4) Order the
perpetrator of domestic or family violence to abstain from possession or consumption of alcohol
or controlled substances during the visitation and for 24 hours preceding the visitation.
(5) Order the perpetrator of domestic or family violence to pay a...
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30-3-132
Section 30-3-132 Factors court must consider. (a) In addition to other factors that
a court is required to consider in a proceeding in which the custody of a child or visitation
by a parent is at issue and in which the court has made a finding of domestic or family violence
the court shall consider each of the following: (1) The safety and well-being of the child
and of the parent who is the victim of family or domestic violence. (2) The perpetrator's
history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical
harm, bodily injury, or assault, to another person. (b) If a parent is absent or relocates
because of an act of domestic or family violence by the other parent, the absence or relocation
may not be a factor that weighs against the parent in determining the custody or visitation.
(Acts 1995, No. 95-629, p. 1332, §3.)...
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30-3C-7
Section 30-3C-7 Factors to determine risk of abduction. (a) In determining whether there
is a credible risk of abduction of a child, the court shall consider any evidence that the
petitioner or respondent: (1) has previously abducted or attempted to abduct a child; (2)
has threatened to abduct a child; (3) has recently engaged in activities that may indicate
a planned abduction, including: (A) abandoning employment; (B) preparing to move from, abandoning,
or selling a primary residence; (C) terminating a lease; (D) closing bank or other financial
management accounts, liquidating assets, hiding or destroying financial documents, or conducting
any unusual financial activities; (E) applying for a passport or visa or obtaining travel
documents for the respondent, a family member, or the child; or (F) seeking to obtain the
child's birth certificate or school or medical records; (4) has engaged in domestic violence,
stalking, or child abuse or neglect; (5) has refused to follow a...
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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon
final judgment permitting the change of principal residence of a child, a court may consider
a proposed change of principal residence of a child as a factor to support a change of custody
of the child. In determining whether a proposed or actual change of principal residence of
a minor child should cause a change in custody of that child, a court shall take into account
all factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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31-13-3
Section 31-13-3 Definitions. For the purposes of this chapter, the following words shall
have the following meanings: (1) ALIEN. Any person who is not a citizen or national of the
United States, as described in 8 U.S.C. § 1101, et seq., and any amendments thereto. (2)
BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or
engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage,
or livelihood, whether for profit or not for profit. Business entity shall include, but not
be limited to, the following: a. Self-employed individuals, business entities filing articles
of incorporation, partnerships, limited partnerships, limited liability companies, foreign
corporations, foreign limited partnerships, foreign limited liability companies authorized
to transact business in this state, business trusts, and any business entity that registers
with the Secretary of State. b. Any business entity that possesses a business...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition
under this article must be verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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