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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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30-5B-3
Section 30-5B-3 Judicial enforcement of order. (a) A person authorized by the law of
this state to seek enforcement of a protection order may seek enforcement of a valid foreign
protection order in a court of this state. The court shall enforce the terms of the order,
including terms that provide relief that a court of this state would lack power to provide
but for this section. The court shall enforce the order, whether the order was obtained
by independent action or in another proceeding, if it is an order issued in response to a
complaint, petition, or motion filed by or on behalf of an individual seeking protection.
In a proceeding to enforce a foreign protection order, the court shall follow the procedures
of this state for the enforcement of protection orders. (b) A court of this state may not
enforce a foreign protection order issued by a tribunal of a state that does not recognize
the standing of a protected individual to seek enforcement of the order. (c) A court of this
state...
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14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of
right to reply; pretrial proceedings; limitations (a) The department and any private company
or contractor providing any services within any correctional facility shall adopt administrative
remedies for prisoners. The administrative remedies shall be prominently posted and published
to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil
claim under state law until the prisoner exhausts all administrative remedies available. If
a prisoner files a pro se civil action in contravention of this section, the court
shall dismiss the action without prejudice. (c) The court shall take judicial notice of administrative
remedies adopted by the department that have been filed with the Clerk of the Supreme Court
of Alabama. (d)(1) The court, on its own motion or on the motion of a party, may dismiss any
prisoner pro se civil action if the court is satisfied that the action is...
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22-9A-12
Section 22-9A-12 New birth certificate upon adoption, legitimation, or paternity determination;
availability of original certificate; contact preference form. (a) The State Registrar shall
establish a new certificate of birth for a person born in this state upon receipt of any of
the following: (1) A report of adoption as provided in Section 22-9A-11 or a report
of adoption prepared and filed in accordance with the laws of another state, the District
of Columbia, a territory of the United States, or a foreign country, or a certified copy of
the decree of adoption, together with the information necessary to identify the original certificate
of birth and to establish a new certificate of birth. A new certificate of birth shall not
be established if so requested by the court decreeing the adoption. (2) A request that a new
certificate be established upon completion of the legitimation procedure specified in Sections
26-11-2 and 26-17-6. If the name of another man is shown as the father of...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances
where the change of principal residence of a child results in the relocation of a child to
a residence outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive,
shall apply to actions commenced under this article. (b) Where the parties have been awarded
joint custody, joint legal custody, or joint physical custody of a child as defined in Section
30-3-151, and at least one parent having joint custody, joint legal custody, or joint physical
custody of a child continues to maintain a principal residence in this state, the child shall
have a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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30-5-3
Section 30-5-3 Jurisdiction; request for protection order; venue; other actions; residency.
(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.
(b) A protection order may be requested in any pending civil or domestic relations action,
as an independent civil action, or in conjunction with the preliminary, final, or post-judgment
relief in a civil action. (c) A petition for a protection order may be filed in any of the
following locations: (1) Where the plaintiff or defendant resides. (2) Where the plaintiff
is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred. (4) Where a civil matter is pending before the court in which
the plaintiff and the defendant are opposing parties. (d) When custody, visitation, or support,
or a combination of them, of a child or children has been established in a previous court
order in this state, or an action containing any of the issues above is...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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26-14-7
Section 26-14-7 Duties of Department of Human Resources. (a) The State or County Department
of Human Resources shall make a thorough investigation promptly upon either the oral or written
report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include: (1) The nature,
extent and cause of the child abuse or neglect; (2) The identity of the person responsible
therefor; (3) The names and conditions of other children in the home; (4) An evaluation of
the parents or person responsible for the care of the child; (5) The home environment and
the relationship of the child or children to the parents or other persons responsible for
their care; and (6) All other data deemed pertinent. (c) The investigation may include a visit
to the child's home, an interview with the subject child, and may include a physical, psychological,
or psychiatric examination of any child or children in that home....
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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following:
(1) There exists in this state a number of children who cannot reside with their parents,
legal guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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12-15-408
Section 12-15-408 Conducting hearings to commit the minor or child. At all hearings
conducted pursuant to this section to commit a minor or child to the custody of the
department, the following shall apply: (1) The minor or child sought to be committed shall
be present unless, prior to the hearing, the child's attorney for the minor or child has filed
in writing a waiver of the presence of the minor or child on the ground that the presence
of the minor or child would be dangerous to his or her physical or mental health or that the
conduct of the minor or child could reasonably be expected to prevent the hearing from being
held in an orderly manner and the juvenile court has determined from the evidence that the
waiver should be granted and has entered an order approving the waiver. (2) The minor or child
sought to be committed shall have the right to compel the attendance of and offer the testimony
of witnesses, to be confronted with the witnesses in support of the petition and to...
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