After a couple has divorced, one ex-spouse may find themselves wanting or needing to move out of the state. Yet, the matter becomes complicated when children are involved. In the state of Alabama, parents must comply with the Alabama Relocation Act to ensure the relocation is handled as fairly as possible to everyone involved. While a child custody attorney can provide more insight into your specific circumstances, below is a brief overview of the law.

Alabama Requirements for Relocation

The Alabama Relocation Act requires the custodial parent (the individual with whom the child lives) to give at least 30 days’ notice to the other parent if they plan to move over 60 miles away. The parent moving must also provide additional information, including the new address, a phone number at which they can be reached, the reason for the relocation, and the proposed date for the move. Additionally, revisions to the visitation schedule should be proposed.

Common Disputes & How They’re Settled

Under the law, the parent who isn’t relocating has 30 days to dispute the relocation. In such cases, the parents may recruit the help of child custody attorneys to defend their positions. A judge will ultimately decide whether the move is being made to support the child’s best interests, or if it’s being made in bad faith. They’ll assess factors such as each parent’s involvement in the child’s upbringing, the relationship with siblings and whether they’ll also be involved in the move, the child’s age and maturity, and the emotional and academic development of the child, among others.

Disagreements may arise when one parent feels as if they will no longer have the opportunity to spend time with their child. As a result, they may attempt to show that the decision is being made in bad faith, for reasons such as enacting revenge. Yet, if the moving parent can prove that the relocation will benefit the child for reasons such as increased educational opportunities, a better cost of living, or better career options for the parent, a judge may rule that the move is actually being made in good faith. Steps such as family counseling and a fair visitation schedule drafted with the help of a child custody attorney may aid in making a compelling case in favor of the move.

If you’re facing any child custody challenges, turn to William A. McWhorter. With more than two decades of experience, this child custody attorney offers legal expertise to clients throughout Pell City, AL. He and his team are committed to pursuing the best possible outcomes for their clients, whether it’s settling a bankruptcy case or tackling a family matter. See his full list of practice areas online or call (205) 338-4411 to schedule a consultation.