Child Relocation

You or your new spouse have been offered a great new opportunity in another state but you have primary physical custody of the children and your ex still lives here.   What do you do?

The judge gave you regular visitation with your children, but now your ex wants to move them hundreds of miles away.  Can you stop this?

The State of Alabama has a statute that governs child relocation.  This legislation requires parents to notify each other in the event of an impending move of the child.  The following information is required:

• (1) The intended new physical residence of the child;
• (2) The child’s new mailing address;
• (3) The child’s new telephone number;
• (4) The name, address and telephone number of the school to be attended by the child;
• (5) The date of the intended move of the child;
• (6) A statement providing specific reasons for the intended move of the child; and
• (7) A proposal for a revised schedule of visitation with the child.

This responsibility only applies to minor children where the other parent has rights of custody or visitation.

The rules are slightly different for members of the Armed Forces that are being relocated involuntarily.  If that does not apply to your situation, you MUST notice your ex that they only have 30 days to object to the move, or the relocation will automatically be permitted.  The notice must be provided by certified mail at least 45 days in advance of the intended move.

If you fail to notify your ex as described above, the Court can actually take this failure into account if your ex finds out and then petitions the judge to modify custody or visitation for their benefit.

Compliance with the Alabama child relocation laws is required if you desire to move and take your child.  Also, if notice has been served on you and you fail to properly respond, you may find your children moved hours away making regular visitation impossible.  If you need help with a child relocation issue, contact the Dothan divorce law attorneys at Boles Holmes White at 334-366-6086.