In any domestic relations case whether it is divorce or a later change of custody application of the Alabama Parent Child Relationship Protection Act is required.
The Act serves as a method of protection for the non-custodial parent. It requires notice by certified mail from the custodial parent to the non-custodial parent 30 days in advance of any relocation of residence. The notice must detail out among other things the new address, phone number, new school, and proposed date of relocation.
The non-custodial parent is on notice of the intended move upon receipt of the certified mail. He may choose not to object to the move or he may use the notice as cause to file for a change of custody to prevent said move because it would have an adverse impact upon his and his children’s relationship. While the Court cannot prevent the custodial parent from moving at will it can exercise jurisdiction over the minor child and declare that the move is not in the child’s best interests and if custodial parent choose to relocate the child must remain and custody shifted to the non- custodial parent.
