§ 36-6-114. False Allegations of Sexual Abuse in Furtherance of Litigation
Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not […]
§ 36-6-115. Requirements to Be Met by Parent for Return of Child Removed From Custody Due to Parent’s Drug Abuse
When, in a private custody case not involving the department of children’s services or a child-placing agency, a court has removed a child from the custody of the child’s parent due primarily or solely to drug abuse by the parent, the court shall not return the child to the parent’s custody until the parent has […]
§ 36-6-116. Temporary Injunctions Upon Service of Complaint Other Than Complaint for Divorce or Legal Separation
When a petition related to child custody is filed, other than a complaint for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties: An injunction restraining and […]
§ 36-6-106. Child Custody
In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. In taking into account the child’s best interest, the court shall order a custody arrangement […]
§ 36-6-107. Mediation in Cases Involving Domestic Abuse
In any proceeding concerning the custody of a child, if an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate […]
§ 36-6-108. Parental Relocation
After custody or co-parenting has been established by the entry of a permanent parenting plan or final order, if a parent who is spending intervals of time with a child desires to relocate outside the state or more than fifty (50) miles from the other parent within the state, the relocating parent shall send a […]
§ 36-6-109. Notice of Hearing
If a parent or other suitable person is awarded sole or joint custody of a child by a court pursuant to this chapter; and If such parent or person is subsequently arrested, confined or otherwise detained by law enforcement officials or a court of competent jurisdiction; and If, as a result of the arrest, confinement […]
§ 36-6-110. Rights of Noncustodial Parents
Except when the juvenile court or other appropriate court finds it not in the best interests of the affected child, upon petition by a noncustodial, biological parent whose parental rights have not been terminated, the court shall grant the rights set forth in § 36-6-101(a)(3)(A).
§ 36-6-111. Stay of Interlocutory or Final Judgment
Notwithstanding any law to the contrary, in all actions that award, change, or affect the custody of a minor child, an interlocutory, or final judgment by any court in this state shall not be stayed after entry, unless otherwise ordered by that court and upon such terms as to bond or otherwise as it deems […]
§ 36-6-112. Parent Alleging Abuse
This section shall be known and may be cited as the “Protective Parent Reform Act.” If a parent makes a good faith allegation based on a reasonable belief supported by facts that the child is the victim of child abuse, child neglect, or the effects of domestic violence, and if that parent acts lawfully and […]