Oftentimes, lifestyle changes, job opportunities and family responsibilities make relocation necessary. However, the effects on minor children — including impacts on custody and visitation schedules — must be considered.
Relocation After Divorce Or With Existing Custody OrdersIf you have shared custody or visitation of your child, you must notify your child's other parent before relocating. Unless you are a member of the armed forces and being relocated pursuant to a nonvoluntary order, you must provide notice of your intent to move away with your child 45 days before relocating.
Your child's other parent then has 30 days to petition the court to prevent his or her child from moving away. If no objection to the move is made, the courts will automatically authorize your move.
Parents who wish to prevent the relocation of their children are protected under the Alabama Parent-Child Relationship Protection Act. Under the act, courts are to presume it is NOT in a child's best interests to relocate. Unless the relocating parent can rebut this presumption with evidence showing the child's interests will be better served by the move, courts will not approve the relocation.
At the law office of Shelley L. Bilbrey, PC, we help parents make decisions that are in the best interests of their children.
Modifications To Custody And Visitation AgreementsDepending on whether the court allows the relocation or determines it is not in the child's best interests to move, modifications to child custody and visitation schedules may be required. At the law office of Shelley L. Bilbrey, PC, our lawyers help parents reach mutually beneficial agreements regarding custody and visitation that preserve parent-child relationships and meet the needs of the children involved.
When determining whether to modify custody, the court considers a wide range of factors, including:
-The impact of relocation on parent-child relationships
-How a change of school, friends and child care will affect the child
-The age, developmental stage and needs of the child
-Increased travel time and costs to the parent with visitation
-The child's preference
-Whether visitation arrangements will be respected
-Whether a support system exists in the new locale
Contact our Huntsville child relocation attorneys at 256-288-0704.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.