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Section 26-8-41


Published: 2015

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Section 26-8-41

Section 26-8-41Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Application, etc., for order of removal.

The application for the order of removal must be made in writing, signed by the parent, guardian, or other person having legal custody of the minor or ward, verified by affidavit and accompanied by a transcript, duly certified, of the appointment of a conservator for such minor or ward by a court of competent jurisdiction in the state of the residence of the parent, guardian, or other person having legal custody of the minor and of the bond of such conservator with sureties approved by such court; provided, that if the conservator so appointed is a corporate fiduciary which, under the laws of the state wherein appointed, is not required to make bond, a certificate from the appointing authority stating this may be filed in lieu of a copy of the conservator's bond.

(Code 1886, §2490; Code 1896, §2375; Code 1907, §4465; Code 1923, §8238; Code 1940, T. 21, §110; Acts 1949, No. 140, p. 166; Acts 1987, No. 87-590, p. 975, §2-333(b).)