Alabama Child Relocation Attorney
When a custodial parent moves away, what happens to custody and parenting time plans?
As a divorced parent with children, moving for a better job, or for a spouse’s better job, for education or for whatever good reason – this will impact your custody arrangements. The court may need to approve your move and any necessary changes in the parenting and custody plan for the children. Alabama law dictates that the court’s decision will be based on the best interests of the child.
- Relocation needs court approval when a parent is moving out of state with a child or within Alabama but 60 miles from the child’s current home.
- You must notify the other parent by certified mail, 45 days in advance, if you plan to move 60 or more miles from your current residence. The law requires certain specific details in this written notification.
- The non-relocating parent can object to the move and ask the court to prevent the move or modify custody.
- The parents will need to develop a revised custody plan and parenting time plan that fits the new circumstances and that meets the court’s approval.
“I already moved away without notifying my spouse or the court. What do I do now?”
“I can’t find my divorce judgment papers, and haven’t ever seen the parenting and custody plan.”
“Can my ex-husband stop me from moving?”
Despite many good online FAQs and how-to’s which can give you a good general background, this is one area in which you do not want to try a do-it-yourself approach. Attorney Candi Peeples can explain the Alabama Parent-Child Relocation Act and how it affects your specific situation. Whether you are the relocating parent or the stay-behind parent, our law firm can explain your rights and obligations, in order to avoid many headaches in the future.
After the divorce decree is final, circumstances can change. When a parent and child relocate, that is a change that requires a change in the custody and parenting time plan. Call 205-403-5577 or contact us by email to discuss your situation. Every case is different, because every family is different. Know the law about parent-child relocation. Talk to a family lawyer.