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30-3B-109
Section 30-3B-109 Appearance and limited immunity. (a) When making a special appearance
a party to a child custody proceeding, including a modification proceeding, or a petitioner
or respondent in a proceeding to enforce or register a child custody determination, is not
subject to personal jurisdiction in this state for another proceeding or purpose solely by
reason of having participated, or of having been physically present for the purpose of participating,
in the proceeding. (b) A person who is subject to personal jurisdiction in this state on a
basis other than physical presence is not immune from service of process in this state. A
party present in this state who is subject to the jurisdiction of another state is not immune
from service of process allowable under the laws of that state. (c) The immunity granted by
subsection (a) does not extend to civil litigation based on acts unrelated to the participation
in a proceeding under this chapter committed by an individual while...
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30-3B-302
Section 30-3B-302 Enforcement under Hague Convention. Under this article a court of
this state may enforce an order for the return of the child made under The Hague Convention
on the Civil Aspects of International Child Abduction as if it were a child custody determination.
(Act 99-438, p. 866, ยง1.)...
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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-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition
filed under this chapter, before a hearing on the matter, the court may enter an ex parte
order for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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30-3B-209
Section 30-3B-209 Information to be submitted to court. (a) Except, as otherwise provided
in subsection (e), in a child custody proceeding, each party, in its first pleading or in
an attached affidavit, shall give information, if reasonably ascertainable, under oath as
to the child's present address or whereabouts, the places where the child has lived during
the last five years, and the names and present addresses of the persons with whom the child
has lived during that period. The pleading or affidavit must state whether the party: (1)
Has participated, as a party or witness or in any other capacity, in any other proceeding
concerning the custody of or visitation with the child and, if so, identify the court, the
case number, and the date of the child custody determination, if any; (2) Knows of any proceeding
that could affect the current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights,...
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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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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which
reasonable efforts are not required to be made. (a) When the juvenile court enters an order
removing a child from his or her home and places the child into foster care or custody of
the Department of Human Resources pursuant to this chapter, the order shall contain specific
findings, if warranted by the evidence, within the following time periods while making child
safety the paramount concern: (1) In the first order of the juvenile court that sanctions
the removal, whether continuation of the residence of the child in the home would be contrary
to the welfare of the child. This order may be the pick-up order that the juvenile court issues
on the filing of a dependency petition. (2) Within 60 days after the child is removed from
the home of the child, whether reasonable efforts have been made to prevent removal of the
child or whether reasonable efforts were not required to be made. (3) Within 12...
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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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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise
original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage
pursuant to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under
the respective legal age to marry, to be employed, withdraw from school, or enlist in military
service when this consent is required by law. (3) Proceedings for the commitment of a minor
or child with mental illness or an intellectual disability to the Department of Mental Health,
as provided in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the
adoption of a child when these proceedings have been transferred from probate court as provided
by law. (5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant
to Chapter 21 of Title 26. (6) Proceedings to establish parentage of a child pursuant to the
Alabama Uniform Parentage Act, Chapter 17 of Title 26. (7)...
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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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