Law

Divorce in Alabama: Can a parent relocate with their child?

The Alabama Parent-Child Relationship Protection Act (hereafter referred to as the Act), which applies to all court orders deciding a child’s custody or visitation in Alabama, supports the basic idea that children need both parents, even after a divorce.

Both parents must inform their children’s primary residence and their child’s residence of any changes in advance. 

In such cases, they must receive notice at least 45 days before the move by certified mail unless they knew and could not have known 45 days beforehand. If they cannot postpone the action reasonably, they must give the required notification within ten days of becoming aware of the pertinent information.

ARE YOU IN NEED OF LEGAL SUPPORT?

A child’s relocation might be a perplexing and complicated matter. You should consult a qualified attorney if you are thinking about moving or wish to protest a planned move of your child’s principal residence. Learn more!

What will happen if I fail to give proper notice?

In cases where a court finds that providing the information would typically be necessary to comply with the Act would put the health, safety, or liberty of a parent or child in danger, the disclosure obligations for victims of domestic abuse are exempted.

With certain exceptions, the court will consider any failure to give notice as required by the Act.

  • These decisions may sometimes be based on the following considerations:
  • Whether to permit a child’s move to a different residence
  • Determining whether to alter visits or custody
  • Whether or not to mandate that a kid who was abducted without warning be brought back to their old house
  • Is it necessary to change child support standards?
  • Whether or not to provide additional funding for child-related travel and communication costs
  • Should the parent who objects to the modification be granted legal fees?

According to the court, a party may also be found in contempt of court and subject to sanctions if sufficient notice is not given.

How can I deal with the other parent’s objections to the relocation?

A parent who receives notice has the right to object to the relocation if they disagree with the proposed change in the child’s principal residence and the move would take place outside of their state or would be farther away than their existing home (by more than 60 miles). The court must receive objections.

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