|
30-3C-4
Section 30-3C-4 Actions for abduction prevention measures. (a) A court on its own motion may
order abduction prevention measures in a child-custody proceeding if the court finds that
the evidence establishes a credible risk of abduction of the child. (b) A party to a child-custody
determination or another individual or entity having a right under the law of this state or
any other state to seek a child-custody determination for the child may file a petition seeking
abduction prevention measures to protect the child under this chapter. This chapter creates
no new requirement on the Department of Human Resources or any other social services agency
or entity to file a petition seeking abduction prevention measures on behalf of a child. (Act
2010-212, p. 339, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-4.htm - 1K - Match Info - Similar pages
12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior for
parents, persons responsible for care; enumeration of certain specific requirements which
may be included in order. (a) The protection or restraint order may set forth reasonable conditions
of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or
other person legally responsible for the care of the child subject to a juvenile court proceeding,
or the spouse of the parent, or spouse of any other person legally responsible for the care
of the child, or relatives of any of the above, or residents of the home of the child, or
any other person. (b) The protection or restraint order, among other things, may require any
person or persons to do any of the following: (1) Stay away from the home in which the child
subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home
in which the child subject to a juvenile court proceeding...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-140.htm - 2K - Match Info - Similar pages
30-3-152
Section 30-3-152 Factors considered; order without both parents' consent; presumption where
both parents request joint custody. (a) The court shall in every case consider joint custody
but may award any form of custody which is determined to be in the best interest of the child.
In determining whether joint custody is in the best interest of the child, the court shall
consider the same factors considered in awarding sole legal and physical custody and all of
the following factors: (1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions
jointly. (3) The ability of the parents to encourage the sharing of love, affection, and contact
between the child and the other parent. (4) Any history of or potential for child abuse, spouse
abuse, or kidnapping. (5) The geographic proximity of the parents to each other as this relates
to the practical considerations of joint physical...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-152.htm - 1K - Match Info - Similar pages
26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-40.htm - 1K - Match Info - Similar pages
30-3B-112
Section 30-3B-112 Cooperation between courts; preservation of records. (a) A court of this
state may request the appropriate court of another state to: (1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order
that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with
the request; and (5) Order a party to a child custody proceeding or any person having physical
custody of the child to appear in the proceeding with or without the child. (b) Upon request
of a court of another state, a court of this state may hold a hearing or enter an order described
in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections
(a) and (b) may be assessed against the parties...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-112.htm - 1K - Match Info - Similar pages
12-15-214
Section 12-15-214 Ordering and preparation of study and written report concerning child; ordering,
conduct, and certification of findings of physical or mental examination of child prior to
hearing on petition generally; examination of parent, legal guardian, or legal custodian after
hearing where ability to care for or supervise child in issue. The juvenile court may direct
that a juvenile probation officer conduct a study and submit a written report to the juvenile
court with recommendations concerning a child, his or her family, his or her environment,
and other matters relevant to the need for treatment or disposition of the case. The recommendations
may indicate that the child needs further mental health evaluation, especially, in some cases,
for the purpose of determining whether the child is competent to stand trial. The recommendations
may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
(Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-214.htm - 1K - Match Info - Similar pages
26-10A-15
Section 26-10A-15 Surrender of custody of minor under age of majority. (a) No health facility
shall surrender the physical custody of an adoptee to any person other than the Department
of Human Resources, a licensed child placing agency, parent, relative by blood or marriage,
or person having legal custody, unless such surrender is authorized in a writing executed
after the birth of the adoptee by one of the adoptee's parents or agency or the person having
legal custody of the adoptee. (b) A health facility shall report to the Department of Human
Resources on forms supplied by the department, the name and address of any person and, in
the case of a person acting as an agent for an organization, the name and address of the organization
to whose physical custody an adoptee is surrendered. Such report shall be transmitted to the
department within 48 hours from the surrendering of custody. (c) No adoptee shall be placed
with the petitioners prior to the completion of a pre-placement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-15.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-2-40.htm - 3K - Match Info - Similar pages
38-12-34
Section 38-12-34 Subsidies - Authorized; eligibility. (a) Subject to rules adopted to implement
this article, the department may provide subsidies for an eligible child placed in kinship
guardianship by a court, or by a federally recognized Native American Indian tribe, if the
child would not be placed in a kinship guardianship without the assistance of the program.
(b) A child is an eligible child for a kinship guardianship subsidy if the department determines
the following: (1) The child has been removed from the custody of his or her parent or parents,
legal guardian, or legal custodian as a result of a judicial determination to the effect that
continuation in the custody of the parent or parents, legal guardian, or legal custodian would
be contrary to the welfare of the child. (2) The department is responsible for the placement
and care of the child. (3) Being returned home or being adopted are not appropriate permanent
options for the child. (4) Permanent placement with a kinship...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12-34.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-21.htm - 1K - Match Info - Similar pages
|