Code of Alabama

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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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26-14-6
Section 26-14-6 Temporary protective custody. A police officer, a law enforcement official,
or a designated employee of the State or County Department of Human Resources may take a child
into protective custody, or any person in charge of a hospital or similar institution or any
physician treating a child may keep that child in his or her custody, without the consent
of the parent or guardian, whether or not additional medical treatment is required, if the
circumstances or conditions of the child are such that continuing in his or her place of residence
or in the care and custody of the parent, guardian, custodian, or other person responsible
for the child's care presents an imminent danger to that child's life or health. However,
such official shall immediately notify the court having jurisdiction over juveniles of such
actions in taking the child into protective custody; provided, that such custody shall not
exceed 72 hours and that a court of competent jurisdiction and the...
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30-3-151
Section 30-3-151 Definitions. For the purposes of this article the following words shall have
the following meanings: (1) JOINT CUSTODY. Joint legal custody and joint physical custody.
(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions
concerning the child, including, but not limited to, the education of the child, health care,
and religious training. The court may designate one parent to have sole power to make certain
decisions while both parents retain equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures
the child frequent and substantial contact with each parent. Joint physical custody does not
necessarily mean physical custody of equal durations of time. (4) SOLE LEGAL CUSTODY. One
parent has sole rights and responsibilities to make major decisions concerning the child,
including, but not limited to, the education of the child, health care,...
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12-15-408
Section 12-15-408 Conducting hearings to commit the minor or child. At all hearings conducted
pursuant to this section to commit a minor or child to the custody of the department, the
following shall apply: (1) The minor or child sought to be committed shall be present unless,
prior to the hearing, the child's attorney for the minor or child has filed in writing a waiver
of the presence of the minor or child on the ground that the presence of the minor or child
would be dangerous to his or her physical or mental health or that the conduct of the minor
or child could reasonably be expected to prevent the hearing from being held in an orderly
manner and the juvenile court has determined from the evidence that the waiver should be granted
and has entered an order approving the waiver. (2) The minor or child sought to be committed
shall have the right to compel the attendance of and offer the testimony of witnesses, to
be confronted with the witnesses in support of the petition and to...
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35-12-82
Section 35-12-82 Claim of another state to recover property. (a) After property has been paid
or delivered to the Treasurer under this article, another state may recover the property if
any of the following apply: (1) The property was paid or delivered to the custody of this
state because the records of the holder did not reflect a last known location of the apparent
owner within the borders of the other state and the other state establishes that the apparent
owner or other person entitled to the property was last known to be located within the borders
of that state and under the laws of that state the property has escheated or become subject
to a claim of abandonment by that state. (2) The property was paid or delivered to the custody
of this state because the laws of the other state did not provide for the escheat or custodial
taking of the property, and under the laws of that state subsequently enacted the property
has escheated or become subject to a claim of abandonment by that...
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26-17-637
Section 26-17-637 Binding effect of determination of parentage. (a) Except as otherwise provided
in subsection (b), a determination of parentage is binding on: (1) all signatories to an acknowledgement
as provided in Article 3; and (2) all parties to an adjudication by a court acting under circumstances
that satisfy the jurisdictional requirements of Section 30-3A-201. (b) A child is not bound
by a determination of parentage under this chapter unless the child was a party or was represented
in the proceeding determining parentage by a guardian ad litem. (c) In a proceeding to dissolve
a marriage, the court is deemed to have made an adjudication of the parentage of a child if
the court acts under circumstances that satisfy the jurisdictional requirements of Section
30-3A-201, and the final order expressly identifies a child as a "child of the marriage,"
"issue of the marriage," or similar words indicating that the husband is the father
of the child. (d) Except as otherwise provided in...
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12-15-117.1
Section 12-15-117.1 Continuing jurisdiction of juvenile court to modify and enforce judgments.
(a) The Legislature finds that it was its original intent in the adoption of the Alabama Juvenile
Justice Act (Act 2008-277) for a juvenile court to retain continuing jurisdiction in all cases
in its jurisdiction to the extent provided by law. Act 2012-383 is curative and shall apply
retroactively to ratify and confirm the exercise of continuing jurisdiction of the juvenile
court to modify and enforce a judgment in cases filed in juvenile court on or after January
1, 2009, and prior to May 14, 2012. Any order of a juvenile court issued while exercising
jurisdiction pursuant to this subsection during this time shall be deemed valid. (b) Nothing
in Act 2012-383 shall affect the jurisdiction of the circuit courts over any custody, visitation,
or support issues, or enforcement or modification of the same issues, that a circuit court
exercised in cases filed on or after January 1, 2009, and prior...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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30-3-153
Section 30-3-153 Implementation; required provisions; plan set by court. (a) In order to implement
joint custody, the court shall require the parents to submit, as part of their agreement,
provisions covering matters relevant to the care and custody of the child, including, but
not limited to, all of the following: (1) The care and education of the child. (2) The medical
and dental care of the child. (3) Holidays and vacations. (4) Child support. (5) Other necessary
factors that affect the physical or emotional health and well-being of the child. (6) Designating
the parent possessing primary authority and responsibility regarding involvement of the minor
child in academic, religious, civic, cultural, athletic, and other activities, and in medical
and dental care if the parents are unable to agree on these decisions. The exercise of this
primary authority is not intended to negate the responsibility of the parties to notify and
communicate with each other as provided in this article....
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11-88-5
Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any authority incorporated under the provisions of
this article may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the authority shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the resolution
and which amendment may include: a. A change in the name of the authority; b. The addition
to the service area of the authority of new territory lying within the determining county;
c. Provisions for the operation of a system or facility the operation of which is not then
provided for in the certificate of incorporation of the authority and which the authority
is authorized by this article to operate; d. Any matters which might have been included in
the original certificate of incorporation; e. Provisions for the addition...
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