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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30-5A-5
Section 30-5A-5 Lack of knowledge by defendant of order. Lack of knowledge by the defendant
of the order which was violated shall be an affirmative defense to conviction for violating
this chapter at trial only, but shall not affect the determination of the arresting officer
in deciding to arrest. Nothing in this section shall change the burden of proof required in
a criminal prosecution. (Acts 1993, No. 93-325, p. 495, §5.)...
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12-15-303
Section 12-15-303 Transfer of dependency proceedings between juvenile courts within the state.
(a) If a dependency proceeding is commenced in a county other than the county of the residence
of the child, the juvenile court in which the proceedings were commenced, on its own motion
or a motion of a party and after consultation with the receiving juvenile court, may transfer
the proceeding before or after adjudication to the county of the residence of the child for
the purpose of adjudication, disposition, supervision, or review as mandated by federal and
state law for children in foster care or in the custody of the state, or any combination thereof.
(b) For purposes of this section, county of the residence of the child means the county in
which the child and legal custodian have established legal residence or have resided for six
or more months of a calendar year. This term shall not include placements by a state department
or agency. (c) Certified copies of all legal and social...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of such
child can establish to the reasonable satisfaction of the court the following: (1) That the
principal teacher in charge of said school which he attends or should attend or the tutor
who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes
in order that the child may attend school in compliance with law, and that such parent, guardian
or other person had prior to the opening of the school, or...
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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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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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30-3-169.10
Section 30-3-169.10 Appeal. An appeal may be taken from a final order in a proceeding under
this article in accordance with Alabama law. Unless the court enters a temporary order under
Section 30-3-169.2, the court may not stay an order enjoining a change in principal residence
of a child pending appeal. (Act 2003-364, p. 1017, §20.)...
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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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30-3B-205
Section 30-3B-205 Notice; opportunity to be heard; joinder. (a) Before a child custody determination
is made under this chapter, notice and an opportunity to be heard in accordance with the standards
of Section 30-3B-108 must be given to all persons entitled to notice under the law of this
state as in child custody proceedings between residents of this state, any parent whose parental
rights have not been previously terminated, and any person having physical custody of the
child. (b) This chapter does not govern the enforceability of a child custody determination
made without notice or an opportunity to be heard. (c) The obligation to join a party and
the right to intervene as a party in a child custody proceeding under this chapter are governed
by the law of this state as in child custody proceedings between residents of this state.
(Act 99-438, p. 866, §1.)...
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12-15-206
Section 12-15-206 Transfer of delinquent and child in need of supervision proceedings between
juvenile courts within the state. If a child resides in a county of the state and the delinquency
or child in need of supervision proceeding is commenced in a juvenile court of another county,
the juvenile court in the county in which the proceeding was commenced, on its own motion
or a motion of a party and after consultation with the receiving juvenile court, may transfer
the proceeding to the county of the residence of the child for such further action or proceedings
as the juvenile court receiving the transfer may deem proper. A transfer may also be made
if the residence of the child changes pending the proceeding. The proceeding shall be so transferred
if the child has been adjudicated delinquent or in need of supervision and other proceedings
involving the child are pending in the juvenile court of the county of his or her residence.
Certified copies of all legal and social records...
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