We ease your burdens and make the transition as easy as possible for you and your family
Alabama is one of the few states to specifically address parental relocation through legal statutes, including those contained in the Alabama Parent-Child Relationship Protection Act. Because there is a presumption that joint custody and shared parenting time is in the best interest of the child, there are restrictions on one parent’s ability to move a significant distance from the other parent. At King & Green, LLC, we give you the support and resources you need to comply with the legal requirements and develop a relocation plan that works for your family.
What to do if you’re planning to relocate
Under Alabama family law, any person with custody or visitation rights must provide notice to every other person with custody or visitation rights of the intention to relocate his or her primary residence. If the custodial parent wishes to change the child’s primary residence, he or she must also provide notice of this to any other party with custody or visitation rights.
The notice of a change in residence must include the following information, if available:
- The new street address
- The mailing address, if different from the street address
- The telephone number of the new residence
- The contact information of the child’s new school, if applicable
- The date of the intended relocation
- The reasons behind the relocation if the child’s primary residence will change
- A revised custody or visitation schedule
- A warning that an objection to the relocation must be made within 30 days of receipt of the notice
The relocating party has a continuing duty to provide the above stated information as it becomes known. Information about the new residence may be kept confidential if the court finds that doing so would be in the best interests of the child. If you fail to provide notice, the court will consider your failure in all custody, support and visitation modifications, and you may also face civil contempt sanctions.
Planning ahead can save you time and money
It is always preferable for parents to communicate and cooperate with each other before, during and after a divorce when making decisions about child custody, visitation and relocation. You may be able to include relocation provisions in your Marital Settlement Agreement that will prevent any further court intervention — if such agreements are made with the child’s best interests in mind.
Get confident, comfortable representation to help you deal with life’s uncertainties
Contact King & Green, LLC for all your relocation questions and concerns. We work with you to determine the most appropriate course of action and help you establish a plan designed with your child’s best interests in mind. Contact us online or call us at 205.937.3687 to schedule a consultation at either our Birmingham or Blount County office.