Part Definitions

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As used in this part, unless the context clearly requires otherwise:

  1. “Child's county” means the county in which the child who is subject to a support or custody order resides;
  2. “Clerk” means the clerk of the transferor or transferee court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court;
  3. “Court” means, except as provided in § 36-5-3001(b), a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders;
  4. “Department” means the department of human services or its contractor or designee;
  5. “Filing” means the initiation of judicial action by the completion of a motion or petition seeking to order the alteration of a legal status through the act of sending or bringing the motion or petition to the office of the clerk of the court;
  6. “Issuing county” means the county in which a court issues a support or custody order or that renders a judgment determining parentage or to which a support or custody order has been previously transferred;
  7. “Issuing court” means the court that issues a support or custody order or renders a judgment determining parentage or to which a support or custody order has been previously transferred;
  8. “Obligor's county” means the county in which the obligor or non-custodial parent resides;
  9. “Request” means a statement of a requesting party seeking transfer of a custody or child support case to the court of another county;
  10. “Requesting party” means custodial parent, noncustodial parent or, in Title IV-D child support cases, the department or its contractor;
  11. “Service of process” means the act of bringing or sending notice of the filing of a motion or petition to the attention of the opposing party by delivery of a copy of the motion or pleading to the opposing party;
  12. “Transfer” means the process by which the transferor court, upon request, moves the case to a court where the child resides thereby conferring jurisdiction on the transferee court;
  13. “Transferee court” means the court that assumes jurisdiction upon a transfer of a case; and
  14. “Transferor court” means the court from which a case is transferred to another court.


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