Alabama Family Law Blog

Relocation cases continue to be a common occurrence in our practice. Our society is more mobile than ever. The interests of custodial parents who are wanting or needing to move out of town are competing against the interests of non-custodial parents to maintain a viable relationship with their children. And most importantly, the children's interests have to be factored into the equation as well.

I have recently had parents on both sides of this issue asking me about what the law in Alabama is about "move away" or "relocation" cases. Non-custodial parents are wanting to know if they can keep their former spouses from relocating and moving with the children. Custodial parents are wanting to know if they have to get the non-custodial parent's agreement to move.

There is a statue in Alabama called the "Alabama Parent-Child Relationship Protection Act." You can find it at Alabama Code Section 30-3-160 which can be accessed this link (you will have to select Title 30, then Chapter 3, then Sections 160-169).

Essentially, the law requires a custodial parent to give written notice to the non-custodial parent 45 days in advance of any intended move of over 60 miles. The notice that is required is very specific regarding what must be included and the form it should take (for example, it must be sent certified mail), so review the statute carefully to make sure it includes all of the elements that it should.

Once the notice is given, the non-custodial parent then has 30 days to file a written objection with the Court. If such an objection is filed, the Court will then set the case down for a hearing for the Judge to determine whether the move is in the best interests of the child or not.

This is still a relatively new law. So, it may yet be challenged at the appellate level. But, for now, this is the rules within which parents must work.

My Fiance's ex recieved a proper certifid notice. We are just weeks from getting married and her and her two children moving to Georgia with me from Alabama.

He is over the 30 day objection limit( about 7-10 days over).

He's seeking custody of the children and a temporary order preventing her to move with other bogus claims. None of which have to do with the "best intrest" of the children.

There is a hearing next week and her lawyer is trying to throw it out.

What is the likely hood of a Judge is going to grant a temporary order even though he is over the 30 day limit? How strict are Judges on the limit?

Thanks

Eric

While it may vary from county to county and even from Judge to Judge, my experience has been that they are fairly strict with the time deadline. But, you must remember that we don't have much experience to go on as this is still a fairly new law.

I have complied with all the stipulations that are required under this Code and my ex has filed motions to stop me from moving my child and modification of custody. I have researched and most of the cases have been taken to the Court of Appeals to permit to move. Are there any such cases where the Judge rules the child can be moved without having to appeal?

My husband and I have been living separately for nine months now. We have not filed for divorce because he refuses to help with expenses and my financial situation hasn't left me with anything extra to put towards the divorce. I have received a new job in Mobile with much better pay, but he doesn't agree with moving the children from Montgomery. I haven't been able to find anything related to relocation if the divorce hasn't taken place yet. How would the issue of relocation apply in this case when we aren't legally divorced?

Yes, it all depends on your trial court Judge. I have seen cases where the trial court judge allowed the move.

Susan,

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.

Michael

I have sole custody of my kids, my ex has visitation. We were divorced in Alabama, but both now live in Tennessee. Does this law apply to me?

I am wanting to move my child from Alabama to Montana. I am remarried for 7 years with two other small children. I have 2 children from first marriage and I have primary custody of both. My 16 year old wants to stay here with her father and finish high school and my 10 year old wants to move. I understand the law to protect the child and the non-custodial parent but if the child wants to move is there anything to protect my family from having to live where my ex gives us permission?

It is really not just a question of whether the ex approves it. The law says you have to give them the notice, then they can file an objection to the move. If they file an objection, then it is up the judge as to whether it is in the child's best interests to move or not. And, at that stage the child's wishes (though not the determining factor) would be relavent.

Good luck to you.

My ex-girlfriend and I had a son and no court enforced visitation (just a verbal agreement) as the matter relates. Now she has moved to Texas without any notification of any kind. They have now been there for two years and she will not let me see him. What rights do i have regarding this new or old law.

I am divorced with 2 children. I had sole cusody, but later let my ex have it because the kids wanted to live with him. I get the kids on weekends.

My ex is also living with another women and they are expecting a baby any day. Now that he has sole custody, he says they are moving all the way to Michigan from here in Alabama to be with her family. Can i stop this, I have visitation rights on weekends and her family is no relation to my kids, so it cant be for the best interest of the kids. Please Respond

i remarried and moved to GA, @ 11 miles past the AL/GA line, almost a yr ago. we are still within the 60 miles from my ex. i have had sole custody for over 4 yrs. my ex is trying to get custody, saying that he doesnt know where we are (we told him the day after we got married). does he have a shot at getting the boys, now ages 8 and 5? he isnt saying that I'VE done anything wrong, other than move too far away.

My name is James,and I have a son that is 11 years old named Tyler.He lives in the suburbs of Mobile Alabama. His mother and I never married though but we legally settled a custody visitation agreement in 1997 in Biloxi,MS when Tyler was a baby. Since Tylers mother and I seperated from our exclusive relationship she has relocated to 3 states and now resides in Mobile AL.

I usually get Tyler during the school breaks such as summer,spring and christmas. I now am a resident of Oakland,CA. Tyler,my son at age 11, has expressed over and over his desire to live with me in Oakland,CA. I know his age and maturity is a factor. What is the legal age for the child to speak his mind of where he chooses to live considering that I meet all the health,welfare and education standards all parents should have?What age can Tyler testify as to where and which natural parent he chooses to live with?

I just need this info to help me get started in my research before I hire a local attorney out of Mobile,AL.

My ex and myself are divorced and in the divorce papers she has primary custody of our daughter. But I have my daughter every second week, not just every second weekend. We are living as if it is shared custody because it is shared half and half. I am now getting remarried and would like to move from Alabama to Canada, what are my chances of getting custody of my daughter and taking her with me? My ex has lost custody of her other two children from a previous marriage already. I would be willing to allow visitation anytime she would want to come and see her and also let her go her on vacations.

Nick,

If paternity was never established, you have no rights to the child! You need to file an action to establish paternity as soon as possible. I hope that you have copies of checks for any child support you may have paid as they can ask for retroactive child support (in Alabama they can allow back for two years) but you should be given credit for anything you've paid.

Mary,

Under the Relocation Act, he is not supposed to move without giving you the proper notice as required under the statute. I would recommend that you set up a consult with a divorce and family law specialist immediately to protect your rights. Of course, if you are in Mobile or Baldwin county, I'd love to hear from you.

j middleton,

I can't evaluate the merits of a custody case without knowing ALL of the facts. But, I can tell you that even though you are within the 60 mile limit, you were supposed to comply with the Relocation statute as it specifically includes any move outside the state lines. But, I would hope the Judge would consider all of the facts and not just that one. I assume you have a lawyer that specializes in divorce and custody cases. If so, ask him or her their opinion as they will be more versed in your specific facts and they will know your judge.

James,

Tyler is old enough to testify at his current age. But, there is no age in Alabama when he gets to decide where he wants to live (at least that is the current state of the law). So, he can have is say and that is one factor among many for the court to consider.

Jimmy,

That is not a question that I can answer in the abstract. Custody cases are very fact specific and vary from case to case as a result. You should consult with a divorce and custody specialist as soon as possible to get an opinion about your specific case.

I sent a letter complying with the relocation act to my ex husband and he objected and filed for custody of the children. We have 4 children and came to Alabama 7 years ago so he could go to medical school. We met there, 3 of the 4 children were born there, and all of our family on both sides live in Connecticut. We have no other family here. We have joint custody of the children and he gets visitation every other weekend. The 2 older children who are 16 and 17 don't speak to him and the other 2 (7 and 11) still go to his house. He is always a month and a half behind on child support and other than his weekends, he doesn't call or spend any time with the kids and I have never objected to him seeing them. When he went through Med school and into residency he walked out on us and within one week he had divorce papers on my doorstep. I understand about the relocation act. I have a court date at the end of the month and I have a lawyer. He said I am an unfit parent but has set to show anything to prove it. How do you think a judge will see this case? Do you think I will be granted the right to move? Thanks.

My ex and have joint custody of our daughter. I am the custodial parent. I am moving 51.8 miles from his residence. Do I have to notify him at all?

My sister's husband has filed for divorce and joint custody of their three children (6, 3, and 1 year old) in the state of AL. She wants to bring her children to live with me in Indiana. They currently do not have any custody order or separation agreement. How would this Act affect her move? She is planning to move in May when the oldest finishes the school year. She says that he is OK with her moving, but I don't know for sure. What should she do in this case? Am I going to cause her problems if I let her and her children move in with my family?

I have recently moved with my husband and children to a town that is approximately 200 miles away from the town I was raised in(I am in alabama) due to the fact that my husband got a new job, and he has family up here. The job he was offered came as a huge surprise and we only had 2wks to move. I had NO idea about law that Alabama has that you have to give a 45 day written notice to the non-constodial parent when you move more than 60 miles. My oldest daughter is from my 1st marriage. We have only been here a week, and have heard nothing from her dad. I told him when we found out that my husband was offered the job and accepted it that we were moving, where we moving, our address, our phone numbers, I even printed him information off the internet about her school(school calender,information on school, the principle, teachers,where it was located, etc.) and gave it to him. I told him that I would meet him half way on his weekend to drop her off & pick her up. I had NO intention of keeping him from her or his family. I even told his parents they were more than welcome to come see/get her and visit with her at ANY time that didn't interfere with her schooling. This past weekend he handed me a Temporary Custody Order stating that he had been granted this til a hearing date was set. What are my chance of getting her back now????? Will the courts look down on me because I did not give him a 45 day written notice of our move?? We didn't have 45 days, and I didn't know I was supposed to write a notice. I verbaly told him all the information that was to in the written notice. Is there ANY advice you can give me???

Heather,

I would strongly encourage your sister to discuss her plans with a divorce lawyer BEFORE she moves. Making the move could adversely affect her in the divorce case. But, I can't say without knowing more about the situation.

Marcy,

I'm sorry to hear about your situation. This is a powerful demonstration of how dangerous this law can be to folks that don't know about it.

Obviously yours is a very serious situation. You need to get a family law specialist in the county where the case is pending IMMEDIATELY to review your case and determine the best course of action.

Yes, there is still a chance to get custody back, but a lot of factors will play into that determination, and there may be things that you need to be doing now to help your case.

I really do wish you the best of luck.