Archive for 'Relocation'
Survey of Relocation Laws
Posted on 03. Apr, 2009 by Alabama Divorce Lawyer, Michael Sherman.
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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.
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Moving Away with the Children
Posted on 03. Apr, 2009 by Alabama Divorce Lawyer, Michael Sherman.
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, these are the rules within which parents must work.
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Does the relocation statute apply to married couples where no divorce is pending?
Posted on 03. Apr, 2009 by Alabama Divorce Lawyer, Michael Sherman.
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.”