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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least
18 years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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30-3B-210
Section 30-3B-210 Appearance of parties and child. (a) In a child custody proceeding
in this state, the court may order a party to the proceeding who is in this state to appear
before the court in person with or without the child. The court may order any person who is
in this state and who has physical custody or control of the child to appear in person with
the child. (b) If a party to a child custody proceeding whose presence is desired by the court
is outside this state, the court may order that a notice given pursuant to Section
30-3B-108 include a statement directing the party to appear in person with or without the
child and informing the party that failure to appear may result in a decision adverse to the
party. (c) The court may enter any orders necessary to ensure the safety of the child and
of any person ordered to appear under this section. (d) If a party to a child custody
proceeding who is outside this state is directed to appear under subsection (b) or desires
to appear...
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30-3B-310
Section 30-3B-310 Hearing and order. (a) Unless the court issues a temporary emergency
order pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order that the petitioner may take
immediate physical custody of the child unless the respondent establishes that: (1) The child
custody determination has not been registered and confirmed under Section 30-3B-305
and that: a. The issuing court did not have jurisdiction under Article 2; b. The child custody
determination for which enforcement is sought has been vacated, stayed, or modified by a court
of a state having jurisdiction to do so under Article 2; or c. The respondent was entitled
to notice, but notice was not given in accordance with the standards of Section 30-3B-108,
in the proceedings before the court that issued the order for which enforcement is sought;
or (2) The child custody determination for which enforcement is sought was registered and...
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30-3C-6
Section 30-3C-6 Contents of petition. A petition under this chapter must be verified
and include a copy of any existing child-custody determination, if available. If a child-custody
determination is not available, the petition must state the petitioner's right to make a petition,
as described under subsection (b) of Section 30-3C-4, and provide the basis for that
right to make a petition under this chapter. The petition also must specify the risk factors
for abduction, including the relevant factors described in Section 30-3C-7. Subject
to the protections provided by subsection (e) of Section 30-3B-209 of the Uniform Child
Custody Jurisdiction and Enforcement Act, if reasonably ascertainable, the petition must contain:
(1) the name, date of birth, and gender of the child; (2) the usual places of abode and current
physical location of the child; (3) the identity, usual places of abode, and current physical
location of the petitioner and respondent, and an explanation of the relationship...
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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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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, ยง4.)...
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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...
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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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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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30-5B-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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