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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26-17-502
Section 26-17-502 Order for testing. (a) Except as otherwise provided in this article and Article
6, the court shall order the child and other designated individuals to submit to genetic testing
if the request for testing is made by a party to the proceeding, the Alabama Department of
Human Resources, or the representative of the child. (b) The Alabama Department of Human Resources
may order genetic testing only in accordance with Section 30-3-197(a)(1). (c) If a request
for genetic testing of a child is made before birth, the court or the Alabama Department of
Human Resources may not order in-utero testing. (d) If two or more men are subject to court-ordered
genetic testing, the testing may be ordered concurrently or sequentially. (Act 2008-376, p.
666, §2.)...
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30-3B-310
Section 30-3B-310 Hearing and order. (a) Unless the court issues a temporary emergency order
pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to immediate physical
custody of the child, the court shall order that the petitioner may take immediate physical
custody of the child unless the respondent establishes that: (1) The child custody determination
has not been registered and confirmed under Section 30-3B-305 and that: a. The issuing court
did not have jurisdiction under Article 2; b. The child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under Article 2; or c. The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 30-3B-108, in the proceedings before the
court that issued the order for which enforcement is sought; or (2) The child custody determination
for which enforcement is sought was registered and...
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38-12-41
Section 38-12-41 Initiation of program. The department may provide a kinship guardianship subsidy
pursuant to this article to any eligible child in department custody by court order on October
1, 2010, and to any eligible child placed in department custody by court order after October
1, 2010. (Act 2010-712, p. 1744, §12.)...
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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
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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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30-3-169.4
Section 30-3-169.4 Burden of proof. In proceedings under this article unless there has been
a determination that the party objecting to the change of the principal residence of the child
has been found to have committed domestic violence or child abuse, there shall be a rebuttable
presumption that a change of principal residence of a child is not in the best interest of
the child. The party seeking a change of principal residence of a child shall have the initial
burden of proof on the issue. If that burden of proof is met, the burden of proof shifts to
the non-relocating party. (Act 2003-364, p. 1017, §14.)...
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30-3D-611
Section 30-3D-611 Modification of child-support order of another state. (a) If Section 30-3D-613
does not apply, upon petition a tribunal of this state may modify a child-support order issued
in another state which is registered in this state if, after notice and hearing, the tribunal
finds that: (1) the following requirements are met: (A) neither the child, nor the obligee
who is an individual, nor the obligor resides in the issuing state; (B) a petitioner who is
a nonresident of this state seeks modification; and (C) the respondent is subject to the personal
jurisdiction of the tribunal of this state; or (2) this state is the residence of the child,
or a party who is an individual is subject to the personal jurisdiction of the tribunal of
this state, and all of the parties who are individuals have filed consents in a record in
the issuing tribunal for a tribunal of this state to modify the support order and assume continuing,
exclusive jurisdiction. (b) Modification of a registered...
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30-3D-707
Section 30-3D-707 Contest of registered Convention support order. (a) Except as otherwise provided
in this article, Sections 30-3D-605 through 30-3D-608 apply to a contest of a registered Convention
support order. (b) A party contesting a registered Convention support order shall file a contest
not later than 30 days after notice of the registration, but if the contesting party does
not reside in the United States, the contest must be filed not later than 60 days after notice
of the registration. (c) If the nonregistering party fails to contest the registered Convention
support order by the time specified in subsection (b), the order is enforceable. (d) A contest
of a registered Convention support order may be based only on grounds set forth in Section
30-3D-708. The contesting party bears the burden of proof. (e) In a contest of a registered
Convention support order, a tribunal of this state: (1) is bound by the findings of fact on
which the foreign tribunal based its jurisdiction;...
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12-16-73
Section 12-16-73 Execution and return of order to summon jurors by sheriff. (a) Every order
to summon jurors, except as otherwise provided in this article, shall be executed by the sheriff
by either of the following methods at the election of the sheriff: (1) By giving personal
notice to every such person or by leaving a written notice at the place of residence of the
summoned juror with some family member of the juror or with some person residing at the same
residence, at least two days before the day appointed for the service of the juror in court;
or (2) By placing a written notice to a person named in the order to summon jurors in the
United States mail, first class, postage prepaid and addressed to the residence of the person
summoned. The envelope in which such notice is mailed shall indicate the return address of
the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated
address it shall be returned to the sheriff. Such notice must be deposited in...
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