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Relocating with the kids after your divorce

As you move on with your life following your divorce, opportunities may arise that pull you away from Montgomery. Whether those opportunities include pursuing a new relationship, relocating to be closer to family, or seeking new career opportunities, moving away can be a complicated matter is your share custody of your children with your ex-spouse.

Many people come to us here at Jones, Hawkins & Associates, LLC questioning what problems (if any) their ex-spouses can cause should they try to move away with their kids. The answer to that question depends on your actions immediately prior to relocating.

Providing notice of a pending relocation

According to Section 30-3-166 of Alabama’s Marital and Domestic Relations Code, you must give your ex-spouse notice of your intention to move away at least 45 days prior to relocating. That notice must include the following information:

  • Your intended destination (including your new physical and mailing addresses, if known)
  • Your new telephone number (if known)
  • The name, address and contact information of the new school your children will be attending (if known)
  • The proposed date of your relocation
  • The reason for your relocation
  • A revised custody schedule that takes into account your new circumstances

Your notice should also include a statement informing your ex-spouse of their right to contest your revised agreement within 30 days of receiving your notice.

Revising your custody agreement

If your ex-spouse does not file any objections, the court assumes they consent to your revised agreement. If they do petition for a hearing, the court will convene to determine how to revise your agreement to accommodate your move. You may avoid the stress that comes with such an objection by working with your ex-spouse well in advance of your move to come up with a revised agreement together.

You can find more information on relocating after your divorce here on our site.