Does the relocation statute apply to married couples where no divorce is pending?
Following my recent post about the relocation statute (which can be found here), I received a great question from a reader.
She explained that she and her husband were having difficulties but neither of them have filed for divorce yet. She received a job offer out of town and wanted to know if she had to comply with the notice provisions of the relocation statute or if she could just move with the child and accept the position.
Here is my response to her:
"This is a good question. The relocation staute does not apply to your situation because there has not yet been an order giving either of you specific custody or visitation rights and there is no divorce case pending.
So, technically, you do not have to comply with the notice provisions of the statute. However, (and this is a big however) each of you as the parents have equal rights to access to your child.
So, if you just pick up and move without his consent, this could cause problems for you. For example, he could file for divorce in Montgomery saying you took the child and ran with no notice to him and ask the court for temporary custody of the child, or at a minimum for a court order to force you to return with the child. Then, it would be up to your divorce judge.
Because there are so many variables that could come into play and because the ramifications are great, I strongly suggest you consult with a local divorce law specialist. That way, they can advise you specifically based on all of the facts that you can explain to them. I would talk to a Montgomery lawyer because they are more likely to know about how the local judges their would view this issue.
Best of luck to you."