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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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30-3B-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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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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30-3D-104
Section 30-3D-104 Remedies cumulative. (a) Remedies provided by this chapter are cumulative
and do not affect the availability of remedies under other law or the recognition of a foreign
support order on the basis of comity. (b) This chapter does not: (1) provide the exclusive
method of establishing or enforcing a support order under the law of this state; or (2) grant
a tribunal of this state jurisdiction to render judgment or issue an order relating to child
custody or visitation in a proceeding under this chapter. (Act 2015-284, ยง1.)...
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30-5-4
Section 30-5-4 Remedies and relief; duty to inform court of pending proceedings, litigation,
etc.; previous court orders; issuance of orders. (a) The plaintiff's right to relief under
this chapter shall not be affected by his or her leaving the residence or household to avoid
further abuse. (b) At any hearing in a proceeding to obtain a protection order, each party
has a continuing duty to inform the court of each pending proceeding in this state or any
other state for a protection order, any pending civil litigation in this state or any other
state, each pending proceeding in any family or juvenile court of this state or any other
state, each pending criminal case involving the parties in this state or any other state,
and any existing child custody or support order, including the case name, the file number,
and the county and state of the proceeding, if that information is known to the party. (c)
The remedies and procedures provided in this chapter are in addition to and not in lieu...
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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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30-3-168
Section 30-3-168 Failure to give notice. (a) Except as provided in Section 30-3-167, if a person
required to give notice as required by Section 30-3-163 or Section 30-3-164 shall fail to
provide the notice or the information required by subsection (b) of Section 30-3-165, the
court shall consider the failure to provide such notice or information as a factor in making
its determination regarding the change of principal residence of a child; a factor in determining
whether custody or visitation should be modified; a factor for ordering the return of the
child to the former residence of the child if the change of principal residence of a child
has taken place without notice; a factor meriting a deviation from the child support guidelines;
a factor in awarding increased transportation and communication expenses with the child; and
a factor in considering whether the person seeking to change the principal residence of a
child may be ordered to pay reasonable costs and attorney's fees...
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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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30-5-3
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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12-15-302
Section 12-15-302 Venue generally. (a) Dependency proceedings shall be commenced in the county
where the child resides, in the county where the child is present when the proceedings are
commenced, or in the county where the acts that are the basis of the dependency petition occurred.
(b) Regardless of the county where the child currently resides, when a petition is filed seeking
to modify an award of custody or visitation pursuant to an adjudication of dependency, and
one of the individuals who was a party to the original proceeding still resides in the county
of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile
court of the original jurisdiction. (c) When a petition is filed seeking to modify an award
of custody or visitation pursuant to an adjudication of dependency in which all parties to
the original action, including the child, no longer reside in the county of original jurisdiction,
the petition shall be filed in the county where the child...
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