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30-3-1
Section 30-3-1 Custody and education of children upon grant of divorce; custody of children
where wife abandons husband. Upon granting a divorce, the court may give the custody and education
of the children of the marriage to either father or mother, as may seem right and proper,
having regard to the moral character and prudence of the parents and the age and sex of the
children; and pending the action, may make such orders in respect to the custody of the children
as their safety and well-being may require. But in cases of abandonment of the husband by
the wife, he shall have the custody of the children after they are seven years of age, if
he is a suitable person to have such charge. (Code 1852, §1977; Code 1867, §2367; Code 1876,
§2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940,
T. 34, §35.)...
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30-3-2
Section 30-3-2 Custody and education of children upon voluntary separation of husband and wife.
(a) In all cases of voluntary separation of husband and wife, the circuit court has power,
on the motion of either party, 20 days' notice thereof being given to the other, to permit
either the father or mother to have the custody and control of the children and to superintend
and direct their education, having regard to the prudence, ability, and fitness of the parents,
and the age and sex of the children. (b) Upon the hearing of the motion, witnesses may be
examined orally or testimony may be taken as in other civil actions. While the application
is pending, the court may direct an injunction or make any order that the safety and well-being
of the wife or children may require. (Code 1852, §§2006, 2007; Code 1867, §§2397, 2398;
Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907,
§§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79,...
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30-4-57
Section 30-4-57 Proof of marriage and parenthood; communications between husband and wife not
privileged; testimony of husband and wife; evidence of willful abandonment or desertion. No
other evidence shall be required to prove marriage of such husband and wife or that such person
is the lawful father or mother of such child or children, than is or shall be required to
prove such facts in a civil action. In all prosecutions under this article, any existing provisions
of the law prohibiting the disclosure of confidential communication between husband and wife
shall not apply, and both husband and wife shall be competent and compellable witnesses to
testify to any and all relevant matters, including the fact of such marriage and the parentage
of such child or children. Proof that a person has left his wife, child or children in destitute
or necessitous circumstances, or has not contributed reasonably to their support for a period
of 10 days after his departure, shall constitute prima...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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30-2-1
Section 30-2-1 Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties.
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint
filed by one of the parties, entitled "In re the marriage of _____ and _____," for
the causes following: (1) In favor of either party, when the other was, at the time of the
marriage physically and incurably incapacitated from entering into the marriage state. (2)
For adultery. (3) For voluntary abandonment from bed and board for one year next preceding
the filing of the complaint. (4) Imprisonment in the penitentiary of this or any other state
for two years, the sentence being for seven years or longer. (5) The commission of the crime
against nature, whether with mankind or beast, either before or after marriage. (6) For becoming
addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine,
or other like drug. (7) Upon application of either the husband or wife,...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases
shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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25-5-61
Section 25-5-61 Persons presumed wholly dependent. For the purposes of this article, the following
described persons shall be conclusively presumed to be wholly dependent: (1) The wife, unless
it is shown that she was voluntarily living apart from her husband at the time of his injury
or death, or unless it is shown that the husband was not in any way contributing to her support
and had not in any way contributed to her support for more than 12 months next preceding the
occurrence of the injury causing his death; (2) The husband, unless it is shown that he was
voluntarily living apart from his wife at the time of her injury or death, or unless it is
shown that the wife was not in any way contributing to his support and had not in any way
contributed to his support for more than 12 months next preceding the occurrence of the injury
causing her death; and (3) Minor children under the age of 18 years and those over 18, if
physically or mentally incapacitated from earning. (Acts 1919, No....
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31-3-1
Section 31-3-1 Definitions. (a) The following words and phrases when used in this chapter shall
have the following meanings, respectively, unless the context shall clearly indicate a different
meaning in the connection used: (1) AWARDING AUTHORITY. The State Board of Adjustment, created
and existing pursuant to Article 4 of Chapter 9 of Title 41 of this Code. (2) CHILD or CHILDREN.
Such term includes posthumous children and all other children entitled by law to inherit as
children of the deceased, also stepchildren who were members of the family of the deceased
at the time of his death, and dependent upon him for support, also a grandchild of the deceased
Alabama national guardsman, whose father is dead or is an invalid, and who was supported by
and was a member of the family of such deceased grandparent at the time of his death. (3)
DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over that age who is
physically or mentally incapacitated from earning. (4) ALABAMA...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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40-7-17
Section 40-7-17 By whom property should be listed. The property of every minor shall be listed
by his guardian, if he has one; if he has no guardian, by his father, if living; if the father
is dead, by his mother, if living; if the mother is also dead or married, by the person having
it in charge; of the wife, by the husband, if living and sane, and the parties reside together;
if the husband is dead or insane, or he is not living with his wife, by the wife; of any person
for whose benefit the property is held in trust, by the trustee; of every deceased person,
by the executor or administrator, but if there be no executor or administrator by any person
having an interest in the estate of said decedent by bequest or devise or under the laws of
descent and distribution; of those whose property is in the hands of receivers, by such receivers;
of every firm or body corporate, by the partner, president, principal officer, or agent thereof;
property in the hands or custody of any public...
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