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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases shall
have the following meanings, unless the context requires a different definition: (1) CHANGE
OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined
by a prior court order, whether or not accompanied by a change of the residence of a person
entitled to custody of the child, with the intent that such change shall be permanent in nature
and not amounting to a temporary absence of the child from his or her principal residence.
(2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this
article, the term may include the singular and the plural. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating...
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30-3-9
Section 30-3-9 Effect of military deployment of parent on child custody determinations. (a)
A military deployment, including past, previous, or future deployments, may not be considered
by the court as the sole factor when making an original child custody determination, or in
modifying an existing child custody determination, in any proceeding involving any person
who has sought, or is seeking, custodial rights to, or visitation rights with, a child. (b)
Any order granting a continuance or stay of a child custody case granted pursuant to the Federal
Servicemembers Civil Relief Act, 50 App. U.S.C. Sections 501 to 596, inclusive, may include
a pendente lite custody determination order. (c) Nothing in this section shall be construed
so as to limit or expand the legal rights of any person under any existing law. (Act 2015-366,
ยง1.)...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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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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30-3B-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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30-3C-6
Section 30-3C-6 Contents of petition. A petition under this chapter must be verified and include
a copy of any existing child-custody determination, if available. If a child-custody determination
is not available, the petition must state the petitioner's right to make a petition, as described
under subsection (b) of Section 30-3C-4, and provide the basis for that right to make a petition
under this chapter. The petition also must specify the risk factors for abduction, including
the relevant factors described in Section 30-3C-7. Subject to the protections provided by
subsection (e) of Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement
Act, if reasonably ascertainable, the petition must contain: (1) the name, date of birth,
and gender of the child; (2) the usual places of abode and current physical location of the
child; (3) the identity, usual places of abode, and current physical location of the petitioner
and respondent, and an explanation of the relationship...
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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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