30-3B-201
Section 30-3B-201 Initial child custody jurisdiction. (a) Except as otherwise provided in Section
30-3B-204, a court of this state has jurisdiction to make an initial child custody determination
only if: (1) This state is the home state of the child on the date of the commencement of
the proceeding, or was the home state of the child within six months before the commencement
of the proceeding and the child is absent from this state but a parent or person acting as
a parent continues to live in this state; (2) A court of another state does not have jurisdiction
under subdivision (1), or a court of the home state of the child has declined to exercise
jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207
or 30-3B-208, and: a. The child and the child's parents, or the child and at least one parent
or a person acting as a parent, have a significant connection with this state other than mere
physical presence; and b. Substantial evidence is...
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30-3B-205
Section 30-3B-205 Notice; opportunity to be heard; joinder. (a) Before a child custody determination
is made under this chapter, notice and an opportunity to be heard in accordance with the standards
of Section 30-3B-108 must be given to all persons entitled to notice under the law of this
state as in child custody proceedings between residents of this state, any parent whose parental
rights have not been previously terminated, and any person having physical custody of the
child. (b) This chapter does not govern the enforceability of a child custody determination
made without notice or an opportunity to be heard. (c) The obligation to join a party and
the right to intervene as a party in a child custody proceeding under this chapter are governed
by the law of this state as in child custody proceedings between residents of this state.
(Act 99-438, p. 866, §1.)...
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30-3D-607
Section 30-3D-607 Contest of registration or enforcement. (a) A party contesting the validity
or enforcement of a registered support order or seeking to vacate the registration has the
burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal
jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order
has been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed
the order pending appeal; (5) there is a defense under the law of this state to the remedy
sought; (6) full or partial payment has been made; (7) the statute of limitation under Section
30-3D-604 precludes enforcement of some or all of the alleged arrearages; or (8) the alleged
controlling order is not the controlling order. (b) If a party presents evidence establishing
a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered
support order, continue the proceeding to permit production of...
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16-28-15
Section 16-28-15 Absence must be explained. Every parent, guardian, or other person having
control or charge of any child required to attend public school, private school, or church
school, shall as soon as practical explain the cause of any absence of the child under his
control or charge which was without permission of the teacher, and a failure to furnish such
explanation shall be admissible as evidence of such child being a truant with the consent
and connivance of the person in control or charge of said child, unless such person can show
to the reasonable satisfaction of the court that he had no knowledge of such absence and that
he has been diligent in his efforts to secure the attendance of such child. (School Code 1927,
§308; Code 1940, T. 52, §305; Acts 1982, No. 82-218, p. 260, §7.)...
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30-3D-701
Section 30-3D-701 Definitions. In this article: (1) "Application" means a request
under the Convention by an obligee or obligor, or on behalf of a child, made through a central
authority for assistance from another central authority. (2) "Central authority"
means the entity designated by the United States or a foreign country described in Section
30-3D-102(5)(D) to perform the functions specified in the Convention. (3) "Convention
support order" means a support order of a tribunal of a foreign country described in
Section 30-3D-102(5)(D). (4) "Direct request" means a petition filed by an individual
in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing
outside the United States. (5) "Foreign central authority" means the entity designated
by a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified
in the Convention. (6) "Foreign support agreement": (A) means an agreement for support
in a record that: (i) is...
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26-17-103
Section 26-17-103 Scope of chapter; choice of law. (a) This chapter applies to determination
of parentage in this state except for matters relating to legitimation and adoption. Nothing
in this chapter supersedes or modifies Alabama law regarding the requirements contained in
Section 26-10C-1. (b) The court shall apply the law of this state to adjudicate the parent-child
relationship. The applicable law does not depend on: (1) the place of birth of the child;
or (2) the past or present residence of the child. (c) This chapter does not create, enlarge,
or diminish parental rights or duties under other law of this state. (d) This chapter does
not authorize or prohibit an agreement between a woman and intended parents in which the woman
relinquishes all rights as a parent of a child conceived by means of assisted reproduction,
and which provides that the intended parents become the parents of the child. If a birth results
under such an agreement and the agreement is unenforceable under...
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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-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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45-49-171.71
Section 45-49-171.71 Admissibility of reports of death investigations. The reports of death
investigations conducted by the county medical examiner or by the Alabama Department of Forensic
Sciences, or true copies thereof duly certified by the county medical examiner or the director
of the department, are admissible in evidence in any court in Mobile County, with or without
testimony by the county medical examiner or Department of Forensic Sciences officials. Provided,
however, any person preparing a report given in evidence under this subpart may be summoned
as a witness in any civil or criminal case by either party to the cause. (Act 87-525, p. 794,
§ 12.)...
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12-15-307
Section 12-15-307 Notice and right to be heard to be given to relatives, preadoptive parents,
or foster parents. Relative caregivers, preadoptive parents, and foster parents of a child
in foster care under the responsibility of the state shall be given notice, verbally or in
writing, of the date, time, and place of any juvenile court proceeding being held with respect
to a child in their care. Foster parents, preadoptive parents, and relative caregivers of
a child in foster care under the responsibility of the state have a right to be heard in any
juvenile court proceeding being held with respect to a child in their care. No foster parent,
preadoptive parent, and relative caregiver of a child in foster care under the responsibility
of the state shall be made a party to a juvenile court proceeding solely on the basis of this
notice and right to be heard pursuant to this section. (Act 2008-277, p. 441, §18.)...
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