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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-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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30-3B-204
Section 30-3B-204 Temporary emergency jurisdiction. (a) A court of this state has temporary
emergency jurisdiction if the child is present in this state and the child has been abandoned
or it is necessary in an emergency to protect the child because the child, or a sibling or
parent of the child, is subjected to or threatened with mistreatment or abuse. (b) If there
is no previous child custody determination that is entitled to be enforced under this chapter
and a child custody proceeding has not been commenced in a court of a state having jurisdiction
under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this
section remains in effect until an order is obtained from a court of a state having
jurisdiction under Sections 30-3B-201 through 30-3B-203. If a child custody proceeding has
not been or is not commenced in a court of a state having jurisdiction under Sections 30-3B-201
through 30-3B-203, a child custody determination made under this section becomes...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition
under this article must be verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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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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30-3B-111
Section 30-3B-111 Taking testimony in another state. (a) In addition to other procedures
available to a party, a party to a child custody proceeding may offer testimony of witnesses
who are located in another state, including testimony of the parties and the child, by deposition
or other means allowable in this state for testimony taken in another state. The court on
its own motion may order that the testimony of a person be taken in another state and may
prescribe the manner in which and the terms upon which the testimony is taken. (b) A court
of this state may permit an individual residing in another state to be deposed or to testify
by telephone, audiovisual means, or other electronic means before a designated court or at
another location in that state. A court of this state shall cooperate with courts of other
states in designating an appropriate location for the deposition or testimony. (c) Documentary
evidence transmitted from another state to a court of this state by...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 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 proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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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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30-3-167
Section 30-3-167 Disclosure exceptions. (a) In order to protect the identifying information
of persons at risk from the effects of domestic violence or abuse, on a finding by the court
that the health, safety, or liberty of a person or a child would be unreasonably put at risk
by the disclosure of the identifying information required by Section 30-3-163 or Section
30-3-164 in conjunction with a proposed change of principal residence of a child or change
of principal residence of a person having custody of or rights of visitation with a child,
the court may order any or all of the following: (1) The specific residence address and telephone
number of a child or the person having custody of or rights of visitation with a child and
other identifying information shall not be disclosed in the pleadings, other documents filed
in the proceeding, or in any order issued by the court, except for in camera disclosures.
(2) The notice requirements provided by this article may be waived to the...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed
under this chapter, the court may set a preliminary hearing as necessary, and shall cause
to be issued all summonses and notices as required by law and otherwise deemed necessary and
appropriate. Should the court determine from the petition, or on evidence presented at a preliminary
hearing, that no emergency or temporary orders are appropriate, then the court shall set the
petition for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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