Huntsville Relocation Lawyers

Alabama firm resolves child custody issues raised by a spouse’s moving:

A parent’s decision to relocate can disrupt the relationship between the child and the non-relocating parent. For that reason, Alabama law allows a parent to challenge a proposed relocation. Whether you are seeking a relocation or are challenging one by your ex-spouse, a Huntsville relocation lawyer at Amy A. Slayden Family Law P.C. will provide the reliable representation you need.

Alabama law places restrictions on relocation with children

If a parent in Alabama wants to relocate, he or she must give the other parent advance notice of the intended move. If the move is more than 60 miles away or to a different state, the other parent may file an objection in court within 30 days. A judge will then hold a hearing to decide whether to grant permission for the relocation. Whether you are requesting or opposing the move, a Huntsville custody lawyer from our office will represent you at the hearing and present the strongest possible case in your behalf.

Steps for relocation

The written notice of relocation that you give to the non-relocating parent should include details about your reasons for the move, the home to which you plan to move, the school your child will attend and your proposal for revising custody and visitation rights. If your ex-spouse does not object within 30 days, you may be able to move without seeking permission from the court. If the ex-spouse does object, the matter is set for a hearing. Whether you are seeking or opposing a relocation, you should consult with us as soon as possible so that we can take appropriate action to represent you effectively.

Factors courts consider in relocation cases

In deciding whether the allow the relocation, the court puts the best interests of the child first, taking into consideration the following:

• The child’s needs, preferences and involvement with both parents and any siblings
• The move’s potential impact on the child
• The increase in the other parent’s travel time during visits
• The effect on the non-relocating parents’ current visitation rights
• The availability of alternative visitation arrangements and communication
• Each parent’s stability
• Any history of domestic violence

The burden of proof in such disputes lies with the relocating parent, who must demonstrate that the relocation is in the child’s best interest. The burden then shifts to the opposing parent to show that the move would be detrimental to the child. 

Consequences of relocating without permission

Relocating without giving notice, over the non-relocating parent’s objection or without court permission can have serious consequences. The court may do any of the following:

• Change the custodial arrangements
• Make you pay the increased cost of the other parent’s transportation
• Modify the child support order to take into account the non-locating parent’s cost of transportation

If you disobey a court order, you may be fined for contempt of court. Rather than try to act on your own, you are better off retaining a capable attorney to advise you and represent you in court if needed.

Modifying custodial and visitation agreements

Even if you are not opposing a relocation, it is likely that the prior agreement or court order needs to be modified to take into account the distance between the parents, the cost of transportation and the logistics of transporting the children to and from each parent’s home. This requires the parties to modify a custody order. This may avoid or resolve a potential or actual objection to the relocation. Also, child support can be modified to take into consideration the costs of transportation, when the circumstances are such that the travel costs will be expensive. 

Contact an accomplished Huntsville relocation lawyer to make an appointment

The Huntsville firm of Amy A. Slayden Family Law P.C. represents Alabama parents in relocations affecting visitation and custody concerns. To schedule a consultation, please call 256-529-4437 or contact us online.