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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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30-3-165
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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30-3-169.1
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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30-3-166
Section 30-3-166 Language required in child custody determination. After September 1,
2003, every child custody determination shall include the following language: "Alabama
law requires each party in this action who has either custody of or the right of visitation
with a child to notify other parties who have custody of or the right of visitation with the
child of any change in his or her address or telephone number, or both, and of any change
or proposed change of principal residence and telephone number or numbers of a child. This
is a continuing duty and remains in effect as to each child subject to the custody or visitation
provisions of this decree until such child reaches the age of majority or becomes emancipated
and for so long as you are entitled to custody of or visitation with a child covered by this
order. If there is to be a change of principal residence by you or by a child subject to the
custody or visitation provisions of this order, you must provide the following...
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30-3-169.6
Section 30-3-169.6 Sanctions. (a) Where a party commences an action without good cause
or for the purpose of harassing or causing unnecessary financial or emotional hardships to
the other party, after notice and a reasonable opportunity to respond, the court may impose
sanctions on a person proposing a change of principal residence of the child or objecting
to a proposed change of principal residence of a child if it determines that the proposal
was made or the objection was filed based upon any of the following: (1) To harass a person
or to cause unnecessary delay or needless increase in the cost of litigation. (2) Without
being warranted by existing law or based on frivolous argument. (3) Based on allegations and
other factual contentions, which had no evidentiary support nor, if specifically so identified,
could not have been reasonably believed to be likely to have evidentiary support after further
investigation. (4) Designed to elicit or discover or lead to the discovery of...
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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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30-3-169.5
Section 30-3-169.5 Obstructions to custody or visitation. If on final hearing the change
of principal residence of a child is permitted, the court may require the person seeking to
change the principal residence of a child to provide reasonable security guaranteeing that
the custody of and visitation with the child will not be interrupted or obstructed by the
relocating party. (Act 2003-364, p. 1017, ยง15.)...
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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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30-3-167
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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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus
Lines Insurance Multi-State Compliance Compact Act is enacted into law and entered into with
all jurisdictions mutually adopting the compact in the form substantially as follows: PREAMBLE
WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple
states, the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted
and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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