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26-10A-21
Section 26-10A-21 Related proceedings. If, at any time during the pendency of the adoption
proceeding, it is determined that any other custody action concerning the adoptee is pending
in the courts of this state or any other state or country, any party to the adoption proceeding,
or the court on its own motion, may move to stay such adoption proceeding until a determination
has been made by an appropriate court with jurisdiction pursuant to the provisions of the
Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA).
The adoption may be transferred and consolidated with a custody proceeding pending in any
court in this state. (Acts 1990, No. 90-554, p. 912, §21; Act 99-435, p. 857, §1.)...
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30-5-4
Section 30-5-4 Remedies and relief; duty to inform court of pending proceedings, litigation,
etc.; previous court orders; issuance of orders. (a) The plaintiff's right to relief under
this chapter shall not be affected by his or her leaving the residence or household to avoid
further abuse. (b) At any hearing in a proceeding to obtain a protection order, each party
has a continuing duty to inform the court of each pending proceeding in this state or any
other state for a protection order, any pending civil litigation in this state or any other
state, each pending proceeding in any family or juvenile court of this state or any other
state, each pending criminal case involving the parties in this state or any other state,
and any existing child custody or support order, including the case name, the file number,
and the county and state of the proceeding, if that information is known to the party. (c)
The remedies and procedures provided in this chapter are in addition to and not in lieu...
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7-3-308
Section 7-3-308 Proof of signatures and status as holder in due course. (a) In an action with
respect to an instrument, the authenticity of, and authority to make, each signature on the
instrument is admitted unless specifically denied in the pleadings. If the validity of a signature
is denied in the pleadings, the burden of establishing validity is on the person claiming
validity, but the signature is presumed to be authentic and authorized unless the action is
to enforce the liability of the purported signer and the signer is dead or incompetent at
the time of trial of the issue of validity of the signature. If an action to enforce the instrument
is brought against a person as the undisclosed principal of a person who signed the instrument
as a party to the instrument, the plaintiff has the burden of establishing that the defendant
is liable on the instrument as a represented person under Section 7-3-402(a). (b) If the validity
of signatures is admitted or proved and there is...
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30-3-10
Section 30-3-10 Equal opportunity for blind individuals; supportive parenting services. (a)
For the purposes of this section, the following terms have the following meanings: (1) BLINDNESS.
A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
An eye that has a limitation in the field of vision so that the widest diameter of the visual
field subtends an angle no greater than 20 degrees is considered to have a central visual
acuity of 20/200 or less. The term also includes a degenerative condition that reasonably
can be expected to result in blindness. (2) SUPPORTIVE PARENTING SERVICES. Services that may
assist a blind parent or prospective blind parent in the effective use of non-visual techniques
and other alternative methods to enable the parent or prospective parent to discharge parental
responsibilities as successfully as a parent who is not blind. (b) The Legislature finds the
following: (1) Blind individuals should be given equal...
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30-3B-207
Section 30-3B-207 Inconvenient forum. (a) A court of this state which has jurisdiction under
this chapter to make a child custody determination may decline to exercise its jurisdiction
at any time if it determines that it is an inconvenient forum under the circumstances and
that a court of another state is a more appropriate forum. The issue of inconvenient forum
may be raised upon the motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider
whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including: (1) Whether domestic violence has occurred and is likely to continue in
the future and which state could best protect the parties and the child; (2) The length of
time the child has resided outside this state; (3) The distance between...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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31-2A-51
Section 31-2A-51 (Article 51.) Voting and rulings. (a) Voting by members of a general or special
court-martial on the findings and on the sentence shall be by secret written ballot. The junior
member of the court shall count the votes. The count shall be checked by the president, who
shall forthwith announce the result of the ballot to the members of the court. (b) The military
judge shall rule upon all questions of law and all interlocutory questions arising during
the proceedings. Any such ruling made by the military judge upon any question of law or any
interlocutory question other than the factual issue of mental responsibility of the accused
is final and constitutes the ruling of the court. However, the military judge may change the
ruling at any time during the trial. Unless the ruling is final, if any member objects thereto,
the court shall be cleared and closed and the question decided by a voice vote as provided
in Section 31-2A-52 (Article 52), beginning with the junior in...
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34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless
within 30 days after the date of the commission's final order, the applicant or accused files
a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her
residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit
court of the county of registration or the county in which the corporation has its principal
place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with
the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal
after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas,
but the decision of the commission may be stayed by the court pending such appeal. (c) The
commission shall within 30 days of service of the notice of appeal, or within such additional
time as the court may allow, file the record in the case with the...
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12-15-302
Section 12-15-302 Venue generally. (a) Dependency proceedings shall be commenced in the county
where the child resides, in the county where the child is present when the proceedings are
commenced, or in the county where the acts that are the basis of the dependency petition occurred.
(b) Regardless of the county where the child currently resides, when a petition is filed seeking
to modify an award of custody or visitation pursuant to an adjudication of dependency, and
one of the individuals who was a party to the original proceeding still resides in the county
of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile
court of the original jurisdiction. (c) When a petition is filed seeking to modify an award
of custody or visitation pursuant to an adjudication of dependency in which all parties to
the original action, including the child, no longer reside in the county of original jurisdiction,
the petition shall be filed in the county where the child...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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