People who live in the Montgomery area may find that they wish to move either to another part of Alabama or to another state.
Job opportunities, family needs and other life circumstances may even make a move almost necessary for the good of a family.
Still, Alabama parents with minor children who are subject to a child custody order will have to take account of Alabama’s laws regarding relocation if they plan to change the child’s residence.
The law applies to almost all permanent moves, those that will last more than 45 days, which the parent who cares for the child most of the time intends to make.
All out-of-state moves are subject to this law, but in-state moves that are either 60 miles or less from a child’s current residence or that will put the child closer to the other parent.
Generally speaking, the parent wanting to move will have to provide 45 days of advance notice to the other parent about the move. The notice has to include certain details required under the law, including updated contact information and a warning that the other parent has 30 days to object.
If the other parent does object, the court will hold a proceeding on whether to allow the move. If the court allows the move, then the judge may also decide a new parenting time schedule.
A parent or child who has been the victim of abuse may be able to get an exception to this requirement, but they will have to get the court to grant one. Otherwise, not providing this notice can have serious negative legal consequences.
One consequence could be that the court disallows the move altogether or requires the parent who moved to pay the other parent for additional transportation expenses caused by the move, other costs, and the parent’s attorney fees.