30-3-162
Section 30-3-162 Applicability. (a) Except as provided otherwise by this chapter, the
provisions of this article apply to all orders determining custody of or visitation with a
child whether such order was issued before or after September 1, 2003. To the extent that
a provision of this article conflicts with an existing order determining custody of or visitation
with a child or other enforceable agreement, this article does not apply to alter or amend
the terms of such order or agreement which addresses the rights of the parties or the child
with regard to a change in the primary residence of a child. Any person entitled to the legal
or physical custody of or visitation with a child may commence an action for modification
to incorporate the provisions of this article into an existing order determining the custody
of or visitation with a child. Except as provided in subsection (c) of Section 30-3-165,
this article shall not apply to a person who is on active military service in the...
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30-3-169.1
Section 30-3-169.1 Proceedings. (a) A person entitled to custody of or visitation with
a child may commence a proceeding objecting to a proposed change of the principal residence
of a child and seek a temporary or permanent order to prevent the relocation. (b) A non-parent
entitled to visitation with a child may commence a proceeding to obtain a revised schedule
of visitation, but may not object to the proposed change of principal residence of a child
or seek a temporary or permanent order to prevent the change. (c) A proceeding filed under
this section must be filed within 30 days of receipt of notice of a proposed change
of principal residence of a child, except that the court may extend or waive the time for
commencing such action upon a showing of good cause, excusable neglect, or that the notice
required by subsection (b) of Section 30-3-165 is defective or insufficient upon which
to base an action under this article. (d) Except as otherwise specifically provided in this
article,...
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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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30-3-168
Section 30-3-168 Failure to give notice. (a) Except as provided in Section 30-3-167,
if a person required to give notice as required by Section 30-3-163 or Section
30-3-164 shall fail to provide the notice or the information required by subsection (b) of
Section 30-3-165, the court shall consider the failure to provide such notice or information
as a factor in making its determination regarding the change of principal residence of a child;
a factor in determining whether custody or visitation should be modified; a factor for ordering
the return of the child to the former residence of the child if the change of principal residence
of a child has taken place without notice; a factor meriting a deviation from the child support
guidelines; a factor in awarding increased transportation and communication expenses with
the child; and a factor in considering whether the person seeking to change the principal
residence of a child may be ordered to pay reasonable costs and attorney's fees...
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30-3-165
Section 30-3-165 Notice. (a) When a notice is required by either Section 30-3-163
or Section 30-3-164, except as provided by Section 30-3-167, the notice of a
proposed change of principal residence of a child or the notice of an intended or proposed
change of the principal residence of an adult as provided in this article must be given by
certified mail to the last known address of the person or persons entitled to notification
under this article not later than the 45th day before the date of the intended change of the
principal residence of a child or the 10th day after the date such information required to
be furnished by subsection (b) becomes known, if the person did not know and could not reasonably
have known the information in sufficient time to comply with the 45-day notice, and it is
not reasonably possible to extend the time for change of principal residence of the child.
(b) Except as provided by Section 30-3-167, all of the following information, if available,
must be...
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30-3-167
Section 30-3-167 Disclosure exceptions. (a) In order to protect the identifying information
of persons at risk from the effects of domestic violence or abuse, on a finding by the court
that the health, safety, or liberty of a person or a child would be unreasonably put at risk
by the disclosure of the identifying information required by Section 30-3-163 or Section
30-3-164 in conjunction with a proposed change of principal residence of a child or change
of principal residence of a person having custody of or rights of visitation with a child,
the court may order any or all of the following: (1) The specific residence address and telephone
number of a child or the person having custody of or rights of visitation with a child and
other identifying information shall not be disclosed in the pleadings, other documents filed
in the proceeding, or in any order issued by the court, except for in camera disclosures.
(2) The notice requirements provided by this article may be waived to the...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases
shall have the following meanings, unless the context requires a different definition: (1)
CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been
determined by a prior court order, whether or not accompanied by a change of the residence
of a person entitled to custody of the child, with the intent that such change shall be permanent
in nature and not amounting to a temporary absence of the child from his or her principal
residence. (2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102.
As used in this article, the term may include the singular and the plural. (3) CHILD CUSTODY
DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody,
physical custody, or visitation with respect to a child. The term includes a permanent, temporary,
initial, and modification order. The term does not include an order relating...
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30-3-169.2
Section 30-3-169.2 Court order. (a) Where the ends of justice dictate, the court may
grant a temporary order restraining the change of principal residence of a child or ordering
return of a child to the former residence of the child if a change of principal residence
has previously taken place without compliance with this article, and may consider, among other
factors, any of the following: (1) The notice required by this article was not provided in
a timely manner. (2) The notice required by this article was not accurate or did not contain
sufficient information upon which a person receiving the notice could base an objection. (3)
The child already has been relocated without notice, agreement of the parties, or prior court
approval. (4) The likelihood that on final hearing the court will not approve the change of
the principal residence of the child. (b) The court may grant a temporary order permitting
the change of principal residence of a child and providing for a revised schedule...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances
where the change of principal residence of a child results in the relocation of a child to
a residence outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive,
shall apply to actions commenced under this article. (b) Where the parties have been awarded
joint custody, joint legal custody, or joint physical custody of a child as defined in Section
30-3-151, and at least one parent having joint custody, joint legal custody, or joint physical
custody of a child continues to maintain a principal residence in this state, the child shall
have a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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