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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30-3B-207
Section 30-3B-207 Inconvenient forum. (a) A court of this state which has jurisdiction
under this chapter to make a child custody determination may decline to exercise its jurisdiction
at any time if it determines that it is an inconvenient forum under the circumstances and
that a court of another state is a more appropriate forum. The issue of inconvenient forum
may be raised upon the motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider
whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including: (1) Whether domestic violence has occurred and is likely to continue in
the future and which state could best protect the parties and the child; (2) The length of
time the child has resided outside this state; (3) The distance between...
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30-3B-303
Section 30-3B-303 Duty to enforce. (a) A court of this state shall recognize and enforce
a child custody determination of a court of another state if the latter court exercised jurisdiction
in substantial conformity with this chapter or the determination was made under factual circumstances
meeting the jurisdictional standards of this chapter and the determination has not been modified
in accordance with this chapter. (b) A court of this state may utilize any remedy available
under other law of this state to enforce a child custody determination made by a court of
another state. The remedies provided in this article are cumulative and do not affect the
availability of other remedies to enforce a child custody determination. (Act 99-438, p. 866,
§1.)...
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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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16-28-17
Section 16-28-17 When child may be taken into custody. It shall be the duty of the attendance
officer, probation officer or other officer authorized to execute writs of arrest to take
into custody without warrant any child required to attend school or be instructed by a private
tutor who is found away from home and not in the custody of the person having charge or control
of such child during school hours and who has been reported by any person authorized to begin
proceedings or prosecutions under the provisions of this article as a truant. Such child shall
forthwith be delivered to the person having charge or control of said child or to the principal
teacher of the school or the private tutor from whom said child is a truant. If such child
is an habitual truant, he shall be brought before the juvenile court for such disposition
as the judge of said court finds proper from the facts. (School Code 1927, §315; Code 1940,
T. 52, §312.)...
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30-3-152
Section 30-3-152 Factors considered; order without both parents' consent; presumption
where both parents request joint custody. (a) The court shall in every case consider joint
custody but may award any form of custody which is determined to be in the best interest of
the child. In determining whether joint custody is in the best interest of the child, the
court shall consider the same factors considered in awarding sole legal and physical custody
and all of the following factors: (1) The agreement or lack of agreement of the parents on
joint custody. (2) The past and present ability of the parents to cooperate with each other
and make decisions jointly. (3) The ability of the parents to encourage the sharing of love,
affection, and contact between the child and the other parent. (4) Any history of or potential
for child abuse, spouse abuse, or kidnapping. (5) The geographic proximity of the parents
to each other as this relates to the practical considerations of joint physical...
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30-3B-202
Section 30-3B-202 Continuing, exclusive jurisdiction. (a) Except as otherwise provided
in Section 30-3B-204, a court of this state which has made a child custody determination
consistent with Section 30-3B-201 or Section 30-3B-203 has continuing, exclusive
jurisdiction over the determination until: (1) A court of this state determines that neither
the child, nor the child and one parent, nor the child and a person acting as a parent have
a significant connection with this state and that substantial evidence is no longer available
in this state concerning the child's care, protection, training, and personal relationships;
or (2) A court of this state or a court of another state determines that the child, the child's
parents, and any person acting as a parent do not presently reside in this state. (b) A court
of this state which has made a child custody determination and does not have continuing, exclusive
jurisdiction under this section may modify that determination only if it has...
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30-3B-206
Section 30-3B-206 Simultaneous proceedings. (a) Except as otherwise provided in Section
30-3B-204, a court of this state may not exercise its jurisdiction under this article if,
at the time of the commencement of the proceeding, a proceeding concerning the custody of
the child has been commenced in a court of another state having jurisdiction substantially
in conformity with this chapter, unless the proceeding has been terminated or is stayed by
the court of the other state because a court of this state is a more convenient forum under
Section 30-3B-207. (b) Except as otherwise provided in Section 30-3B-204, a
court of this state, before hearing a child custody proceeding, shall examine the court documents
and other information supplied by the parties pursuant to Section 30-3B-209. If the
court determines that a child custody proceeding has been commenced in a court in another
state having jurisdiction substantially in accordance with this chapter, the court of this
state shall stay...
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12-15-313
Section 12-15-313 Ordering and preparation of report concerning a child and family;
ordering, conduct, and certification of findings of physical or mental examination of child
prior to hearing on petition generally; examination of parent, legal guardian, or legal custodian
after hearing where ability to care for or supervise child at issue. (a) After a petition
alleging dependency has been filed, the juvenile court may direct that a study and report
to the juvenile court be made by the Department of Human Resources with recommendations concerning
the child, his or her family, his or her environment, and other matters relevant to the need
for treatment or disposition of the case. (b) Where there are indications that the child may
be physically ill or a child with mental illness or an intellectual disability, on its own
motion or motion of a party, may order the child to be examined at a suitable place by a physician,
psychiatrist, psychologist, or other qualified examiner under the...
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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a)
A guardian or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required
by Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings
Act. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated
or protected person, or other person required to be notified of the petition, the court shall
hold a hearing on a petition filed pursuant to subsection (a). (d) The court shall issue a
provisional order granting a petition to transfer a guardianship and shall direct the guardian
to petition for guardianship in the other state if the court is satisfied that the...
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