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30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of
a petition seeking enforcement of a child custody determination, the petitioner may file a
verified application for the issuance of a warrant to take physical custody of the child if
the child is imminently likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child
is imminently likely to suffer serious physical harm or be removed from this state, it may
issue a warrant to take physical custody of the child. The petition must be heard within 72
hours after the warrant is executed unless impossible. In that event, the court shall hold
the hearing on the next judicial day. The application for the warrant must include the statements
required by Section 30-3B-308(b). (c) A warrant to take physical custody of a child
must: (1) Recite the facts upon which a conclusion of imminent serious physical harm or...
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30-3B-313
Section 30-3B-313 Recognition and enforcement. A court of this state shall accord full
faith and credit to an order issued by another state and consistent with this chapter which
enforces a child custody determination by a court of another state unless the order has been
vacated, stayed, or modified by a court having jurisdiction to do so under Article 2. (Act
99-438, p. 866, §1.)...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section,
the following words have the following meanings: (1) GRANDPARENT. The parent of a parent,
whether the relationship is created biologically or by adoption. (2) HARM. A finding by the
court, by clear and convincing evidence, that without court-ordered visitation by the grandparent,
the child's emotional, mental, or physical well-being has been, could reasonably be, or would
be jeopardized. (b) A grandparent may file an original action in a circuit court where his
or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild
or file a motion to intervene in any action when any court in this state has before it any
issue concerning custody of the grandchild, including a domestic relations proceeding involving
the parent or parents of the grandchild, for reasonable visitation rights with respect to
the grandchild if any of the following circumstances exist: (1) An action for...
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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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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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30-3D-207
Section 30-3D-207 Determination of controlling child-support order. (a) If a proceeding
is brought under this chapter and only one tribunal has issued a child-support order, the
order of that tribunal controls and must be recognized. (b) If a proceeding is brought under
this chapter, and two or more child-support orders have been issued by tribunals of this state,
another state, or a foreign country with regard to the same obligor and same child, a tribunal
of this state having personal jurisdiction over both the obligor and individual obligee shall
apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls. (2) If more than one of the tribunals would
have continuing, exclusive jurisdiction under this chapter: (A) an order issued by a tribunal
in the current home state of the child controls; or (B) if an order...
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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).)...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases
shall have the following meanings, unless the context requires a different definition: (1)
CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been
determined by a prior court order, whether or not accompanied by a change of the residence
of a person entitled to custody of the child, with the intent that such change shall be permanent
in nature and not amounting to a temporary absence of the child from his or her principal
residence. (2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102.
As used in this article, the term may include the singular and the plural. (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...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CAREGIVER. An individual 21 years of age or older, other than
a child's parent, legal guardian, or legal custodian who is an approved foster parent, who
is a relative of the child, and who has been providing care and support for the child while
the child has been residing in the caregiver's home for at least the last six consecutive
months while in the legal custody of the Department of Human Resources, a designated official
for a child-placing agency, or a successor guardian. (2) CHILD. An individual under 18 years
of age who is in foster care with the caregiver and over whom a court has exercised continuing
jurisdiction. (3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources.
(5) KINSHIP GUARDIAN. A caregiver who is willing to assume care of a child because of parental
incapacity of a parent, legal guardian, legal custodian, or other dependency...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father"
means a man who has established a father-child relationship under Article 3. (2) "Adjudicated
father" means a man who has been adjudicated by a court of competent jurisdiction to
be the father of a child. (3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction"
means a method of causing pregnancy other than sexual intercourse. The term includes: (A)
intrauterine insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization
and transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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