Moving Away with the Children
Posted on 03. Apr, 2009 by Alabama Divorce Lawyer, Michael Sherman in Relocation
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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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