Survey of Relocation Laws
Mom and Dad get divorced. Later the custodial parent wants to move across the country for some reason (job relocation, new marriage, etc.) Obviously, this will affect the children's relationship with the non-custodial parent. So, which interest wins out - the custodial parent's right to live wherever they want to live and pursue legitimate job opportunities, etc. or the non-custodial parent's right to continue having frequent contact with the children? And, where do the best interests of the children factor into this determination?
Laura Morgan has complied a survey of each state's relocation laws. The survey can be found here. Alabama enacted a relocation statute a little over a year ago. You can access it through this page by looking up Title 30, Chapter 3, Sections 160-169.10.
There are many cases currently being litigated on this issue and I think it is a fair assumption that this area of the law will continue to evolve as the Appellate Courts are asked to determine the constitutionalality of these statutes and as Legistatures continue to look at this vexing problem.
My husbands daughter now 15 wants to move in with us, 3 hrs from her mother whom has custodial care of her. My husband works off shore and works a 28 days off and 28 home. His ex-wife says that she can't live with us because he isn't home all the time. We have a stable home and my daughter and my husbands daughter get along very well. Do we need to get an attorney. His ex-wife refuses to let her come.
Thank You,
M
M.C.,
I would at least consult with a lawyer. His work schedule will definately not be an asset in his custody case. However, there are many factors that a Judge looks at in making that decision. So, a lawyer could better advise you if they knew all of the facts of the case.