Although you may not foresee at the time of divorce the need to relocate later due to change in marital status or employment, the law does anticipate that and provides some requirements. In today’s mobile society, it is not uncommon for families to move around the state, country, and even abroad. When parents are divorced or divorcing and one party wants to relocate, this can complicate the sharing of custody.
The state of Alabama adopted the Alabama Parent-Child Relationship Protection Act in 2003 to protect the rights of children and parents and promote the general philosophy in this state that children need the involvement of both parents in their lives, even after a divorce. The law requires that the parent seeking to move give detailed notice to the other parent. When the proposed move is more than 60 miles or crosses state lines, the non-relocating parent has an opportunity to object and ask the court for an order to prevent the change of the child’s residence. If no objection is filed, the move is deemed to be permitted.
This law creates some very important responsibilities and rights for divorced and unmarried parents who are subject to a custody order. Proper compliance with this statute is imperative if you plan to move with your child. Understanding your right to object and the requisite procedure is equally important to protect your rights in the face of a proposed change of residence by another parent. If you are divorced or contemplating a divorce while also considering relocation, you should consult with a lawyer.
Contact us today and see how we can help you and your family in your time of need.