How does child relocation work after divorce?
After divorces, child custody matters can get more complicated. Although parents may try not to cause any problems in their children’s lives, divorced spouses can go through life changes. Your former spouse could be faced with a new job opportunity that may require a location change. The biggest problem when this occurs is the location of your child. You do not want your child to move away from you and you may already be struggling with the concept of not seeing your child every day due to joint custody or any other arrangement you have with your former spouse. In order to deal with these situations, attorneys can help explain your legal options.
Child custody can cause issues even after the divorce process has ended. Parents want to be involved in their child’s life as much as possible. If you are faced with a situation where the relocation of your child is possible, you can take action to prevent this. Our firm can ensure that you will not be alone during this process if you contact us.
What are Alabama laws regarding child relocation?
In the state of Alabama, there are certain laws that control the relocation of children after divorce custody is completed. There are certain guidelines that parents need to follow in order to prepare for child relocation and confront their former spouse about these new changes. The custodial parent will need to provide notice to the noncustodial parent if they wish to move more than 60 miles away from the other parent. They must give notice within 45 days or within 10 days after learning about the move. There should be a cited reason for the move and contact information for the new location so that the noncustodial parent is aware. With the time notice requirement, the noncustodial still has the opportunity to object to the move.
What if the noncustodial parent objects to the child’s relocation?
When noncustodial parents are informed of the custodial parent’s move outside of the 60 mile range, they are given the opportunity to challenge this through the court’s intervention. The noncustodial parent can object within 30 days of the notice. When these matters are brought to court, the court takes these decisions under careful consideration. The custodial parent may have to show that the relocation is in the best interests of the child. For the noncustodial parent, they may have to prove that the move could have a negative impact on the child. The court will take into account both sides to come to a decision that best suits the child.
Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.
