When a divorced parent plans to move — whether for a new job, remarriage, military orders, or family support — that decision is subject to the Alabama Parent-Child Relationship Protection Act. The act contains a presumption that it is not in a child’s best interests to be relocated and that presumption must be overcome by the parent seeking to relocate the child. Whether the parents are exercising joint physical custody, or one parent is exercising sole physical custody, the Act applies.
A parental relocation is any move that significantly affects the non-relocating parent’s ability to maintain the schedule of custody the parent was enjoying pursuant to the Decree of Divorce or custody order previously entered. A court will frequently deny a move that prohibits a parent from exercising the custody order in effect unless the parent has not been exercising his or her custodial periods.
Pursuant to the statute, Alabama law requires that a custodial parent must notify every other person entitled to custody or visitation of a proposed change of the child’s principal residence. Written notice must be given at least 45 days before the intended move, or within 10 days of learning about the move if earlier notice is impossible. The notice must include the new residential address, the mailing address, the home telephone number, the date of the intended move, a statement of the specific reasons for the relocation and a proposed revised visitation schedule. It must also advise the other parent that they have 30 days to object and that failure to object may be treated as consent.
If the non-relocating parent files an objection, the court will hold a hearing to evaluate the situation. Judges weigh several factors in deciding whether a move is in the child’s best interest, including:
- The child’s relationship with each parent and extended family
- Educational, medical and community impacts
- The relocating parent’s reasons for moving
- The non-relocating parent’s ability to maintain meaningful contact
- Any history of interference with visitation or co-parenting
A relocating parent strengthens their case by documenting good-faith reasons for the move, comparing schools and community resources, and presenting a realistic long-distance parenting plan. The plan should demonstrate a commitment to and method for preserving the child’s relationship with the non-relocating parent. Conversely, the non-relocating parent often stresses how the move would disrupt the child’s established routines and relationships with friends and family.
Relocation cases move quickly. Early assistance from a skilled Alabama child custody lawyer can help a relocating parent make sure that he or she has complied with the provisions of the statute and has a good chance of succeeding in relocating a child.
The Huntsville, Alabama firm of Amy A. Slayden Family Law P.C. represents clients in Madison, Limestone, Morgan and Marshall counties in child custody and visitation matters. To schedule a consultation, please call 256-529-4437 or contact us online.
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