Are you thinking about moving with your child or worried your co-parent might try to move away? These cases can raise a lot of questions and cause real stress for parents. Whether you’re planning a relocation or trying to protect your time with your child, a child custody relocation attorney from Leigh Daniel Family Law can help. Contact us now to arrange your case review.
Understanding Child Relocation Laws in Alabama
In Alabama, custodial parents must follow specific rules before they can move with their children. The law treats any move that lasts 45 days or more as a relocation. If the new home is more than 60 miles away or in another state, the moving parent must provide notice to the other parent at least 45 days before the move. The notice must include:
- The new address
- The moving date
- New school information
- Phone numbers
- Reasons for the move
- A proposed new visitation schedule
- A warning that the other parent only has 30 days to object
If the move is sudden and the parent can’t give 45 days’ notice, they must send the notice within 10 days of finding out they have to move. If a parent doesn’t follow these rules, the court might consider changing custody, adjusting child support, or ordering the parent to cover extra travel costs for visits. However, the court may protect the moving parent’s privacy and change the notice requirements if domestic violence is involved.
Factors Courts Consider in Relocation Cases
When a parent with custody wants to move, Alabama courts don’t just say yes or no based on the parent’s reason for relocating. Instead, judges look at the child’s interests and how the proposed move might affect them. Here are some of the factors Alabama courts take into account in relocation cases:
- Whether the move is in the child’s best interests – The court won’t approve a move just because it helps the parent. The judge wants to see how the move will affect the child’s life. The parent requesting the move must show real advantages for the child, not just themselves.
- The reason for the move – The requesting parent must give a clear reason for relocating. Common reasons include a new job, proximity to family, educational opportunities, or remarriage. If the court suspects the move is just to get away from the other parent, that could hurt the relocating parent’s case.
- The effect on the current visitation schedule – Judges take a close look at how the move would change the time the child spends with the non-custodial parent. If the relocation would cut back visits, the court will want to know how the moving parent plans to make up for that lost parenting time.
- The child’s preference – If the child is mature enough, the judge might listen to what the child wants. The judge won’t just go with whatever the child says, but their opinion could affect the court’s final decision.
Parental Rights and Objections to Relocation
If one parent plans to move and the other doesn’t agree with the proposed relocation, the non-relocating parent can object. That parent must file a formal objection in court within 30 days after getting the relocation notice. The court will then schedule a hearing to decide what happens next.
At the hearing, both parents can explain their reasons for supporting or opposing the move. If the court doesn’t think the move is in the child’s best interest, it may block the move or even modify the custody agreement.
Preparing for a Child Relocation Hearing
The court acts under the assumption that moving is not in the child’s best interest. This means a parent who wants to relocate must prove that the move will benefit the child. Before the hearing, the relocating parent should gather evidence to support their case. This might include proof of job offers, better school options, safer neighborhoods, or nearby family members who can help with care. The requesting parent should also prepare a detailed plan for visitation and show how they will continue to support the child’s relationship with the other parent.
The objecting parent should show that the move could hurt the child or that staying would help the child more. They should collect proof that the move would make things harder for the child. For example, they might provide evidence of long travel times, weaker school options, or lost connections with family and friends.
A child relocation lawyer can:
- Gather strong evidence to build clear arguments
- Explain how Alabama law applies to the case
- Help parents understand what the court will expect at the hearing
- Organize documents that show how the move affects the child
- Prepare the parent for court and represent them at the hearing
Out-of-State and International Child Relocation
A move across state lines or to another country involves additional considerations. In Alabama, a move to another state still counts as relocation, even if it’s less than 60 miles away. Parents relocating to different states must give proper notice and follow the same rules as with in-state moves.
If the relocating parent wants to take the child to another country, there will be additional scrutiny from the court. Judges will want to know if the new country has laws that support US visitation rights. They will also look at the safety of the area, legal protections, and whether the other parent will still have regular contact with the child. If the country will not protect the nonmoving parent’s rights, the court could deny the relocation.
When to Consult a Child Relocation Attorney in Alabama
When facing a stressful custody dispute, you should consult a child custody relocation lawyer as soon as possible. Having a dedicated, understanding legal team on your side can make all the difference. Families throughout Alabama trust Leigh Daniel Family Law to handle tough legal situations with compassion and focus. Here’s what one former client had to say about working with us:
“Ms. Leigh and her team are phenomenal!! They were able to help me get through a pretty nasty custody case, and Ms. Leigh was
so kind and understanding through all of it. Without getting into the personal details, her whole team was amazing
and I am so thankful and beyond grateful for all of their help. I’d give a higher rating if I could.”
– Theresa Cordier
If you’re dealing with a possible move and worry about how it could affect your time with your child, contact Leigh Daniel Family Law now for an initial case review. Our team offers over 30 years of experience helping people in Alabama facing situations like yours. We will listen closely to your story and help you explore your options. Reach out today to get started.
