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30-3-169.1
Section 30-3-169.1 Proceedings. (a) A person entitled to custody of or visitation with a child
may commence a proceeding objecting to a proposed change of the principal residence of a child
and seek a temporary or permanent order to prevent the relocation. (b) A non-parent entitled
to visitation with a child may commence a proceeding to obtain a revised schedule of visitation,
but may not object to the proposed change of principal residence of a child or seek a temporary
or permanent order to prevent the change. (c) A proceeding filed under this section must be
filed within 30 days of receipt of notice of a proposed change of principal residence of a
child, except that the court may extend or waive the time for commencing such action upon
a showing of good cause, excusable neglect, or that the notice required by subsection (b)
of Section 30-3-165 is defective or insufficient upon which to base an action under this article.
(d) Except as otherwise specifically provided in this article,...
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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon final
judgment permitting the change of principal residence of a child, a court may consider a proposed
change of principal residence of a child as a factor to support a change of custody of the
child. In determining whether a proposed or actual change of principal residence of a minor
child should cause a change in custody of that child, a court shall take into account all
factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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30-3-9
Section 30-3-9 Effect of military deployment of parent on child custody determinations. (a)
A military deployment, including past, previous, or future deployments, may not be considered
by the court as the sole factor when making an original child custody determination, or in
modifying an existing child custody determination, in any proceeding involving any person
who has sought, or is seeking, custodial rights to, or visitation rights with, a child. (b)
Any order granting a continuance or stay of a child custody case granted pursuant to the Federal
Servicemembers Civil Relief Act, 50 App. U.S.C. Sections 501 to 596, inclusive, may include
a pendente lite custody determination order. (c) Nothing in this section shall be construed
so as to limit or expand the legal rights of any person under any existing law. (Act 2015-366,
§1.)...
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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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26-2B-105
Section 26-2B-105 Cooperation between courts. (a) In a guardianship or protective proceeding
in this state, a court of this state may request the appropriate court of another state to
do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state
to produce evidence or give testimony pursuant to procedures of that state. (3) Order that
an evaluation or assessment be made of the respondent. (4) Order any appropriate investigation
of a person involved in a proceeding. (5) Forward to the court of this state a certified copy
of the transcript or other record of a hearing under paragraph (1) or any other proceeding,
any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared
in compliance with an order under paragraph (3) or (4). (6) Issue any order necessary to assure
the appearance in the proceeding of a person whose presence is necessary for the court to
make a determination, including the respondent or the incapacitated or...
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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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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
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12-15-312
that the crime of rape, sodomy, incest, or other sexual abuse actually occurred by the parent
against a child in any instance where the parent has been convicted as described in this subdivision.
(4) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter
of another child or aided or abetted, attempted, conspired, or solicited to commit murder
or manslaughter of the other parent of the child. (5) Committed a felony assault which resulted
in serious bodily injury to the child or another child or to the other parent of the
child. The term serious bodily injury means bodily injury which involves substantial
risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member, organ, or mental faculty. (d) Nothing
in the exceptions to making reasonable efforts listed in subsection (c) shall be interpreted
to require the reunification of a child with a stepparent or paramour of a...
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12-15-316
Section 12-15-316 Modification, extension, or termination of orders of custody or protective
supervision generally. An order awarding legal custody or an order of protective supervision
made by the juvenile court in the case of a child may be modified, terminated, or extended
on motion by any of the following: (1) A child, whose legal custody has been transferred to
a department, institution, agency, or person, requesting the juvenile court for a modification
or termination of the order, alleging that the child is no longer dependent or that protective
supervision is no longer necessary. (2) A department, institution, agency, or person vested
with legal custody or responsibility for protective supervision, requesting the juvenile court
for a modification, an extension, or a termination of the order on the grounds that this action
is in the best interests of the child. (Act 2008-277, p. 441, §18.)...
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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or child.
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor
or child, pending final hearing upon a petition for mental commitment of the minor or child
in the custody of any person, department, or agency other than his or her parent, legal guardian,
or legal custodian, the juvenile court at the time the confinement is ordered shall set the
matter for a hearing within seven days to determine if probable cause exists that the minor
or child should be committed. At the probable cause hearing, the juvenile court shall determine
if it is necessary to continue the restraint or confinement pending the final hearing. (b)
Upon a finding of probable cause that the minor or child should be committed, the juvenile
court shall enter an order so stating and setting the date, time, and place of the hearing
on the merits of the petition. (c) The final hearing shall be held on the...
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