Alabama § 26-8-21 Application for Removal and Notice of Hearing Thereon; Appointment of Guardian Ad Litem

Alabama Statutes

§ 26-8-21 — Application for Removal and Notice of Hearing Thereon; Appointment of Guardian Ad Litem

Alabama § 26-8-21

Title 26Infants and Incompetents

Ch. 8Removal of Person or Property of Minors and Wards

Art. 2Removal to Another County

This text of Alabama § 26-8-21 (Application for Removal and Notice of Hearing Thereon; Appointment of Guardian Ad Litem) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 26-8-21 (2026).

Text

Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which show that the removal will advance the interests of the minor or ward. If application is made by the minor or ward by next friend, a day must be appointed for the hearing, 10 days’ notice of which must be given the guardian or conservator by the service of process. If application is made by the guardian or conservator, a day, not less than 10 days after the filing of the application, must be appointed for the hearing and a guardian ad litem appointed to represent the minor or ward, who must put in issue the facts stated in the application and require proof thereof.

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Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which show that the removal will advance the interests of the minor or ward. If application is made by the minor or ward by next friend, a day must be appointed for the hearing, 10 days’ notice of which must be given the guardian or conservator by the service of process. If application is made by the guardian or conservator, a day, not less than 10 days after the filing of the application, must be appointed for the hearing and a guardian ad litem appointed to represent the minor or ward, who must put in issue the facts stated in the application and require proof thereof.

Legislative History

(Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802; Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code 1923, §8232; Code 1940, T. 21, §104; Acts 1987, No. 87-590, p. 975, §2-333(b).)