30-3-152
Section 30-3-152 Factors considered; order without both parents' consent; presumption where
both parents request joint custody. (a) The court shall in every case consider joint custody
but may award any form of custody which is determined to be in the best interest of the child.
In determining whether joint custody is in the best interest of the child, the court shall
consider the same factors considered in awarding sole legal and physical custody and all of
the following factors: (1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions
jointly. (3) The ability of the parents to encourage the sharing of love, affection, and contact
between the child and the other parent. (4) Any history of or potential for child abuse, spouse
abuse, or kidnapping. (5) The geographic proximity of the parents to each other as this relates
to the practical considerations of joint physical...
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30-3-169.10
Section 30-3-169.10 Appeal. An appeal may be taken from a final order in a proceeding under
this article in accordance with Alabama law. Unless the court enters a temporary order under
Section 30-3-169.2, the court may not stay an order enjoining a change in principal residence
of a child pending appeal. (Act 2003-364, p. 1017, §20.)...
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30-3-5
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation rights,
or child support. Notwithstanding any law to the contrary, venue of all proceedings for petitions
or other actions seeking modification, interpretation, or enforcement of a final decree awarding
custody of a child or children to a parent and/or granting visitation rights, and/or awarding
child support, and/or awarding other expenses incident to the support of a minor child or
children, and/or granting post-minority benefits for a child or children is changed so that
venue will lie in: (1) the original circuit court rendering the final decree; or (2) in the
circuit court of the county where both the current custodial parent or, in the case of post-minority
benefits, where the most recent custodial parent, that parent having custody at the time of
the child's attaining majority, and the child or children have resided for a period of at
least three consecutive years immediately preceding the...
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30-3B-109
Section 30-3B-109 Appearance and limited immunity. (a) When making a special appearance a party
to a child custody proceeding, including a modification proceeding, or a petitioner or respondent
in a proceeding to enforce or register a child custody determination, is not subject to personal
jurisdiction in this state for another proceeding or purpose solely by reason of having participated,
or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical
presence is not immune from service of process in this state. A party present in this state
who is subject to the jurisdiction of another state is not immune from service of process
allowable under the laws of that state. (c) The immunity granted by subsection (a) does not
extend to civil litigation based on acts unrelated to the participation in a proceeding under
this chapter committed by an individual while...
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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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12-15-101
Section 12-15-101 Purpose of the Alabama Juvenile Justice Act; short title; goals for the juvenile
court. (a) This chapter shall be known as the Alabama Juvenile Justice Act. The purpose of
this chapter is to facilitate the care, protection, and discipline of children who come under
the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile
court to preserve the public peace and security. (b) In furtherance of this purpose, the following
goals have been established for the juvenile court: (1) To preserve and strengthen the family
of the child whenever possible, including improvement of the home environment of the child.
(2) To remove the child from the custody of his or her parent or parents only when it is judicially
determined to be in his or her best interests or for the safety and protection of the public.
(3) To reunite a child with his or her parent or parents as quickly and as safely as possible
when the child has been removed from the custody...
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12-15-109
Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of attorneys,
and expenses for support, treatment of children under the jurisdiction of the juvenile court
pursuant to this chapter; manner of payment; proceedings upon failure of parents to pay amounts
directed. If, after making a parent, or other person legally obligated to care for and support
a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile
Procedure and after a hearing, the juvenile court finds that the parent or other person is
financially able to pay all or part of the court costs, as provided by law, attorney fees,
and expenses with respect to examination, treatment, care, detention, or support of the child
incurred from the commencement of the proceeding in carrying out this chapter, the juvenile
court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise
ordered, payment shall be made to the clerk of the juvenile court...
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12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior for
parents, persons responsible for care; enumeration of certain specific requirements which
may be included in order. (a) The protection or restraint order may set forth reasonable conditions
of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or
other person legally responsible for the care of the child subject to a juvenile court proceeding,
or the spouse of the parent, or spouse of any other person legally responsible for the care
of the child, or relatives of any of the above, or residents of the home of the child, or
any other person. (b) The protection or restraint order, among other things, may require any
person or persons to do any of the following: (1) Stay away from the home in which the child
subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home
in which the child subject to a juvenile court proceeding...
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12-15-221
Section 12-15-221 Modification, extension or termination of orders of custody or probation
generally. (a) An order awarding legal custody or an order of probation made by the juvenile
court in the case of a child may be modified, revoked, or extended on motion by: (1) A child,
whose legal custody has been transferred to a department, institution, agency, or person,
requesting the juvenile court for a modification or termination of the order, alleging that
the child is no longer in need of placement or probation and the department, institution,
agency, or person has denied application for release of the child or has failed to act upon
the application within a reasonable time; or (2) A department, institution, agency, or person
vested with legal custody or responsibility for probation, requesting the juvenile court for
a modification, an extension, or a termination of the order on the grounds that the action
is in the best interests of the child or necessary to safeguard the welfare of...
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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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