30-3D-314
Section 30-3D-314 Limited immunity of petitioner. (a) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter. (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding. (Act 2015-284, §1.)...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education may revoke any certificate issued under this chapter when the holder has been guilty of immoral conduct or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding, under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised from certification and any other rights pursuant to Section 16-24-9. (b) The State Superintendent of Education shall immediately revoke any certificate issued under this chapter when the holder is convicted of capital murder or any Class A felony, including, but not limited to, rape, murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or second degree, pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or second degree, pursuant to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant to Section 13A-6-65.1. (4) Sexual abuse in the first or second degree, pursuant to...
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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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30-3D-301
Section 30-3D-301 Proceedings under chapter. (a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. (Act 2015-284, §1.)...
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33-6-10
Section 33-6-10 Enforcement of chapter, rules, etc.; prosecutions under chapter; violations and penalties. (a) This chapter and rules and orders adopted under this chapter shall be enforced by the State Board of Health and the State Department of Conservation and Natural Resources according to rules adopted by the board and department. (b) Any person may complain under oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district attorney, or indictment returned by a grand jury, the charge shall be tried in court to which the warrant is returnable, and the warrant may be made returnable to a district court or to the circuit court and the courts shall have original and concurrent jurisdiction of the offense, or if an indictment is returned, the circuit court shall have jurisdiction of the offense. Convicted persons may appeal as now provided by law. Whether...
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30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state. (c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of...
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11-65-17
Section 11-65-17 Terms of horse racing facility license. (a) A horse racing facility license issued under this chapter shall be for a period of 20 years, but shall be reviewed annually. A commission issuing such license shall state therein the person to whom such license is issued, the duration of such license, the location of the racing facility thereby licensed to be used for horse racing, and such other conditions of the license and related information as the commission shall deem proper. A commission shall have no power to modify the terms of a horse racing facility license, once issued, without the prior written consent of the holder of such license. A horse racing facility license shall be revocable by the commission only if the holder thereof shall not be in compliance with the provisions of this chapter or the valid rules, regulations, and orders of the commission and such noncompliance shall have continued for 60 days after written notice shall be given to such holder by the...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a man who has established a father-child relationship under Article 3. (2) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. (3) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: (A) a presumed father; (B) a man whose parental rights have been terminated or declared not to exist; or (C) a male donor who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means an individual of any age whose...
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30-3B-313
Section 30-3B-313 Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2. (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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