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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity for continuation
of shelter care of a child. (a) When a child alleged to be dependent has been removed from
the custody of the parent, legal guardian, or legal custodian and has not been returned to
same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays,
and holidays included, to determine whether continued shelter care is required. (b) Notice
of the 72-hour hearing requirement, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian,
or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing
requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian
of the right to counsel and shall appoint counsel if the juvenile court determines he or she
is indigent. If the juvenile court already has not done so, it...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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45-37A-51.239
Section 45-37A-51.239 Payment of benefits to minor children. In the event that benefits become
payable hereunder to minor children, payments shall be made to the legal guardian of the minor
children or, in the absence of a legal guardian, to the person who has custody of the children.
The benefit shall be payable to the use and benefit of the children. (Act 2006-339, p. 851,
Art. VI, §21.)...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances where
the change of principal residence of a child results in the relocation of a child to a residence
outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply
to actions commenced under this article. (b) Where the parties have been awarded joint custody,
joint legal custody, or joint physical custody of a child as defined in Section 30-3-151,
and at least one parent having joint custody, joint legal custody, or joint physical custody
of a child continues to maintain a principal residence in this state, the child shall have
a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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30-3-5
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation rights,
or child support. Notwithstanding any law to the contrary, venue of all proceedings for petitions
or other actions seeking modification, interpretation, or enforcement of a final decree awarding
custody of a child or children to a parent and/or granting visitation rights, and/or awarding
child support, and/or awarding other expenses incident to the support of a minor child or
children, and/or granting post-minority benefits for a child or children is changed so that
venue will lie in: (1) the original circuit court rendering the final decree; or (2) in the
circuit court of the county where both the current custodial parent or, in the case of post-minority
benefits, where the most recent custodial parent, that parent having custody at the time of
the child's attaining majority, and the child or children have resided for a period of at
least three consecutive years immediately preceding the...
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30-3-151
Section 30-3-151 Definitions. For the purposes of this article the following words shall have
the following meanings: (1) JOINT CUSTODY. Joint legal custody and joint physical custody.
(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions
concerning the child, including, but not limited to, the education of the child, health care,
and religious training. The court may designate one parent to have sole power to make certain
decisions while both parents retain equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures
the child frequent and substantial contact with each parent. Joint physical custody does not
necessarily mean physical custody of equal durations of time. (4) SOLE LEGAL CUSTODY. One
parent has sole rights and responsibilities to make major decisions concerning the child,
including, but not limited to, the education of the child, health care,...
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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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31-13-20
Section 31-13-20 Stay of chapter when unauthorized alien is a victim or critical witness, etc.,
under certain conditions. If a person is an alien who is unlawfully present in the United
States and is a victim of a criminal act, is the child of a victim of a criminal act, is a
biological parent or legal guardian of a victim of a criminal act who is a minor, is a critical
witness in any prosecution, is the biological parent or legal guardian of a critical witness
in any prosecution who is a minor, or is the child of a critical witness in any prosecution
of a state or federal crime, all provisions of this chapter shall be stayed until all of the
related legal proceedings are concluded. However, the relevant state, county, or local law
enforcement agency shall comply with any request by federal immigration officers to take custody
of the person. (Act 2011-535, p. 888, §21; Act 2012-491, p. 1410, §1.)...
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