If you are the non-custodial parent and you have to move away from your children, then this can be the basis of a motion to reduce your child support.  That is especially true if you are going to be paid less money to work at your new job.   In that case you can request a reduction for both reasons.  Of course, anytime you are divorced and there are children involved, there is always a chance that you will have further disagreements that result in potential litigation before a judge.  As a result, documenting these extra expenses with receipts, bank records and/or credit card statements is essential to giving yourself a chance to get the judge to agree with your position.  Remember, the person paying child support is always the one that bears the burden to prove payment of support no matter what form.     

Travel costs can also be important if you are the custodial parent and you are the one that is moving.  If you notify your Ex that you intend to move and they object, litigation attempting to get a judge to allow the move can be complicated, time consuming and expensive.  Offering to reduce the child support they are paying as a way to get them to agree to the move is one of many tools you can use to settle the dispute.

It turns out she was having a Skype video conversation with her Uncle who lives in Boston, Massachusetts.  As I leaned in to view the screen I saw my brother-in-law and also saw myself in the bottom of the screen.  I waved and said hello and he did the same back to me.  Amazing!

I have had several opportunities to put provisions in agreement divorces or relocation case settlements that obligate one party or the other to have broadband connections to facilitate communications with the other non-custodial parent but this was my first personal experience with it in video form.  It really was a great way to communicate and was much better than a simple phone call would have been.

Alabama has no statutory obligation requiring a court to consider Skype or other forms of ”virtual visitaion.”  I am also not aware of a published opinion where this was required by a judge after a hearing.  However, with the economy being in the condition it is, causing both custodial and non-custodial parents to consider relocating to find jobs, the technology that allows this sort of communication can help improve an otherwise bad situation.  The technology has defenitely come a long way.  Video conversations are certaily no substitution for spending time with your children but they absolutely can help give the feeling that your children are not so far away.

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.

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.

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.”