|
26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-11-3.htm - 2K - Match Info - Similar pages
26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-102.htm - 4K - Match Info - Similar pages
43-8-52
Section 43-8-52 Controversy as to advancements - Proceedings and answer upon death of distributee.
In case of the death of any distributee or heir alleged to have received advancements, his
legal representatives or heirs at law shall be required to report or answer in the same manner
as set forth in section 43-8-51; and if they are residents of this state, notice must be given
by citation, and if nonresidents, by publication, as provided for in cases embraced in section
43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons
of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who
shall deny the allegation contained in such application, and demand proof thereof. (Code 1867,
§1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923,
§7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-52.htm - 1K - Match Info - Similar pages
12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-40.htm - 1K - Match Info - Similar pages
12-15-503
Section 12-15-503 Recommendation by county team; decision by juvenile court of multiple needs
child. (a) Within 21 days of receipt of a juvenile court referral or within another time specified
by the juvenile court, the county team shall present to the juvenile court a plan of services
addressing the needs of the child referred to the county team and the respective responsibilities
of departments, agencies, and organizations composing this county team. Upon receipt of this
plan, the juvenile court may find the child a multiple needs child. When the juvenile court
finds it is in the best interests of the multiple needs child, the juvenile court may order
the use of any dispositional alternative or service available for dependent children, delinquent
children, or children in need of supervision, children who are emotionally disturbed, children
with an intellectual disability or mental illness, or children who need specialized educational
services, or children who need health services, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-503.htm - 2K - Match Info - Similar pages
14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of right
to reply; pretrial proceedings; limitations (a) The department and any private company or
contractor providing any services within any correctional facility shall adopt administrative
remedies for prisoners. The administrative remedies shall be prominently posted and published
to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil
claim under state law until the prisoner exhausts all administrative remedies available. If
a prisoner files a pro se civil action in contravention of this section, the court shall dismiss
the action without prejudice. (c) The court shall take judicial notice of administrative remedies
adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama.
(d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner
pro se civil action if the court is satisfied that the action is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-15-4.htm - 4K - Match Info - Similar pages
26-10A-11
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing,
signed by the person consenting or relinquishing, and shall state the following: (1) The date,
place, and time of execution. (2) The date of birth or if prior to birth expected date of
birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-11.htm - 3K - Match Info - Similar pages
26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding
the provisions of Section 26-10A-7, the consent or relinquishment of the following persons
shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee
have been terminated by operation of law in accordance with the Alabama Child Protection Act,
Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant
to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing
and whose mental disability is likely to continue for so long a period that it would be detrimental
to the adoptee to delay adoption until restoration of the parent's competency or capacity.
The court must appoint independent counsel or a guardian ad litem for an incompetent parent
for whom there has been no such prior appointment; (3) A parent who has relinquished his or
her minor child to the Department of Human Resources or a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-10.htm - 1K - Match Info - Similar pages
26-23F-7
Section 26-23F-7 Remedies and penalties. (a) In addition to other remedies available under
law or common law of this state, violation of any provision of Section 26-23F-5 shall: (1)
Provide a basis for recovery in a civil action for the parent or parents of the infant or
the parent, parents, or guardian of the mother, if the mother is a minor, for experimentation
upon bodily remains. Any relief awarded shall include: a. Money damages for all psychological
injuries occasioned by any violation of this chapter. b. Statutory damages equal to three
times the cost of the mother's delivery or abortion. (2) Provide a basis for professional
disciplinary action by regulatory bodies for the suspension or revocation of any license for
physicians, licensed vocational and registered nurses, or other licensed or regulated health
care providers. (b) Any conviction of any health care provider for any failure to comply with
the requirements of this chapter shall result in the automatic suspension of his...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23F-7.htm - 1K - Match Info - Similar pages
26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has
no guardian, an emergency exists, and no other person appears to have authority to act in
the circumstances, on appropriate petition the court, without notice, may appoint a temporary
guardian whose authority may not extend beyond 30 days and who may exercise those powers granted
in the order. (b) If the appointed guardian is not effectively performing duties and the court
further finds that the welfare of the incapacitated person requires immediate action, it may
appoint, with or without notice, a temporary guardian for the incapacitated person having
the powers of a general guardian for a specified period not to exceed six months. The authority
of any permanent guardian previously appointed by the court is suspended as long as a temporary
guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary
guardian shall make any report and comply with any conditions...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-107.htm - 1K - Match Info - Similar pages
|