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30-3-5
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation
rights, or child support. Notwithstanding any law to the contrary, venue of all proceedings
for petitions or other actions seeking modification, interpretation, or enforcement of a final
decree awarding custody of a child or children to a parent and/or granting visitation rights,
and/or awarding child support, and/or awarding other expenses incident to the support of a
minor child or children, and/or granting post-minority benefits for a child or children is
changed so that venue will lie in: (1) the original circuit court rendering the final decree;
or (2) in the circuit court of the county where both the current custodial parent or, in the
case of post-minority benefits, where the most recent custodial parent, that parent having
custody at the time of the child's attaining majority, and the child or children have resided
for a period of at least three consecutive years immediately preceding the...
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30-3-6.1
Section 30-3-6.1 Rebate of interest on delinquent child support payments. (a) Notwithstanding
any other provision of law regarding post-judgment interest, the parent responsible for making
child support payments who has been delinquent in making the payments may petition the court
that entered the order for child support or the appropriate court pursuant to Sections 30-3A-101
to 30-3A-906, inclusive, for a rebate of interest when any of the following conditions have
been met: (1) The parent has paid the past due amount and has paid the current child support
payments for 12 months before petitioning the court. (2) The parent has entered into a repayment
agreement, has made all payments on the agreement for at least 12 months, and has paid the
current child support payments for 12 months before petitioning the court. (b) Before a court
may order a rebate of interest, each party to whom interest is owed must agree in writing
to the rebate of interest and the amount of interest rebated. A...
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26-10A-16
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk
of the court within 30 days after the minor is placed with the prospective adoptive parent
or parents for purposes of adoption unless the minor is in custody of the Department of Human
Resources or a licensed child placing agency except that a petition for good cause shown may
be filed beyond the 30-day period. The petition shall be signed, and verified by each petitioner,
and shall allege: (1) The full name, age, and place of residence of each petitioner and, if
married, the place and date of marriage; (2) The date and place of birth of the adoptee, except
in the case of abandonment; (3) The birth name of the adoptee, any other names by which the
adoptee has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing
at the time of the filing of the petition, and if the minor is not in the custody of a petitioner,
when he, she, or they intend to acquire custody; (5) That each...
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26-10A-30
Section 26-10A-30 Grandparent visitation. Post-adoption visitation rights for the natural
grandparents of the adoptee may be granted when the adoptee is adopted by a stepparent, a
grandfather, a grandmother, a brother, a half-brother, a sister, a half-sister, an aunt or
an uncle and their respective spouses, if any. Such visitation rights may be maintained or
granted at the discretion of the court at any time prior to or after the final order of adoption
is entered upon petition by the natural grandparents, if it is in the best interest of the
child. (Acts 1990, No. 90-554, p. 912, ยง29.1.)...
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30-3-6
Section 30-3-6 Bond, security, or other guarantee to secure payment of overdue support
or compliance with visitation order. (a) As used in this section, the following terms
shall have the following meanings: (1) SUPPORT. Support of any child, with respect to whom
a support order exists, and support of a spouse or former spouse with respect to whom a support
order exists where incidental to an order of child support as required by Title IV-D of the
Social Security Act. (2) OVERDUE SUPPORT. A delinquency in an obligation of "support,"
as such term is defined in this section, the obligation having been previously determined
under a court order or judgment. (3) OBLIGOR. Any person required to make payments under the
terms of a support order or comply with visitation orders. (4) OBLIGEE. Any person or entity
which is entitled to receive support pursuant to a support order and who is receiving support
services from the Department of Human Resources pursuant to Title IV-D of the Social...
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30-3-151
Section 30-3-151 Definitions. For the purposes of this article the following words shall
have the following meanings: (1) JOINT CUSTODY. Joint legal custody and joint physical custody.
(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions
concerning the child, including, but not limited to, the education of the child, health care,
and religious training. The court may designate one parent to have sole power to make certain
decisions while both parents retain equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures
the child frequent and substantial contact with each parent. Joint physical custody does not
necessarily mean physical custody of equal durations of time. (4) SOLE LEGAL CUSTODY. One
parent has sole rights and responsibilities to make major decisions concerning the child,
including, but not limited to, the education of the child, health care,...
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12-15-211
Section 12-15-211 Suspension of proceedings and continuation of cases under terms and
conditions agreed to by parties. (a) The juvenile court may suspend delinquency or child in
need of supervision proceedings pursuant to a consent decree. The terms and conditions of
the consent decree shall be agreed to by the child and his or her parent, legal guardian,
or legal custodian. The consent decree shall be entered at any time after the filing of a
delinquency or child in need of supervision petition and before the entry of an adjudication
order. The child and his or her parent, legal guardian, or legal custodian shall be advised
of their rights, including the right to counsel. (b) Where an objection is made by the prosecutor,
the juvenile court, after considering the objection and the reasons therefor, shall proceed
to determine whether it is appropriate to enter a consent decree. (c) A consent decree shall
remain in force for six months unless the child is discharged sooner by the...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk
or juvenile court clerk, or their employees, with responsibility for docketing or otherwise
carrying out the court's clerical duties in regard to domestic relations matters, support
and nonsupport cases, including the receipt and disbursement of support payments. (2) COURT.
Any juvenile or family court division of the circuit or district court in the county where
the mother of the child resides or is found, in the county where the father resides or is
found, or in the county where the child resides or is found and, in the case of a petition
seeking a divorce or legal separation, a petition seeking a modification of support previously
ordered under a divorce decree or a petition seeking a contempt citation for failure to pay
support previously ordered under a divorce decree, the circuit court or the domestic...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (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 to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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