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26-17-637
Section 26-17-637 Binding effect of determination of parentage. (a) Except as otherwise provided
in subsection (b), a determination of parentage is binding on: (1) all signatories to an acknowledgement
as provided in Article 3; and (2) all parties to an adjudication by a court acting under circumstances
that satisfy the jurisdictional requirements of Section 30-3A-201. (b) A child is not bound
by a determination of parentage under this chapter unless the child was a party or was represented
in the proceeding determining parentage by a guardian ad litem. (c) In a proceeding to dissolve
a marriage, the court is deemed to have made an adjudication of the parentage of a child if
the court acts under circumstances that satisfy the jurisdictional requirements of Section
30-3A-201, and the final order expressly identifies a child as a "child of the marriage,"
"issue of the marriage," or similar words indicating that the husband is the father
of the child. (d) Except as otherwise provided in...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
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30-3D-705
Section 30-3D-705 Direct request. (a) A petitioner may file a direct request seeking establishment
or modification of a support order or determination of parentage of a child. In the proceeding,
the law of this state applies. (b) A petitioner may file a direct request seeking recognition
and enforcement of a support order or support agreement. In the proceeding, Sections 30-3D-706
through 30-3D-713 apply. (c) In a direct request for recognition and enforcement of a Convention
support order or foreign support agreement: (1) a security, bond, or deposit is not required
to guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the
issuing country has benefited from free legal assistance is entitled to benefit, at least
to the same extent, from any free legal assistance provided for by the law of this state under
the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance
from the Department of Human Resources. (e) This article...
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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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30-1-9.1
Section 30-1-9.1 Requirements for marriage; validity; construction with other laws. (a) On
August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be
for parties who are otherwise legally authorized to be married to enter into a marriage as
provided in this section. However, the judge of probate shall continue to collect the recording
fee provided for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage
recorded with the judge of probate. Furthermore, at the time the marriage is recorded, the
judge of probate shall also collect the fee provided for in Section 30-6-11, to be distributed
as provided in that section. (b) The marriage document required to be executed by the parties
shall contain information to identify the parties as set forth in Section 22-9A-6, as well
as the following minimum information: (1) The full legal names of both of the parties. (2)
A notarized affidavit from each party declaring all of the following: a....
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30-3B-209
Section 30-3B-209 Information to be submitted to court. (a) Except, as otherwise provided in
subsection (e), in a child custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to
the child's present address or whereabouts, the places where the child has lived during the
last five years, and the names and present addresses of the persons with whom the child has
lived during that period. The pleading or affidavit must state whether the party: (1) Has
participated, as a party or witness or in any other capacity, in any other proceeding concerning
the custody of or visitation with the child and, if so, identify the court, the case number,
and the date of the child custody determination, if any; (2) Knows of any proceeding that
could affect the current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights,...
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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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30-1-21
Section 30-1-21 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE AUGUST 29, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) On August 29, 2019
and thereafter, the only requirement for a marriage in this state shall be for parties who
are otherwise legally authorized to be married to enter into a marriage as provided in this
section. However, the judge of probate shall continue to collect the recording fee provided
for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with
the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate
shall also collect the fee provided for in Section 30-6-11 to be distributed as provided in
that section. (b) The marriage document required to be executed by the parties shall contain
information to identify the parties as set forth in Section 22-9A-6, as well as the following
minimum information: (1) The full legal names of both of the...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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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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