Can I Relocate My Kids Out of State During Divorce Proceedings?

If you are a custodial parent who wants to move out of Alabama with your kids, you might be wondering whether you are allowed to do so. The answer is – yes, you can do so, as long as you have the consent of the non-custodial parent or the approval of the court.

Alabama Law on the Relocation of a Custodial Parent

According to the Alabama Relocation Act, a custodial parent who wants to move out of Alabama – or to any place within the state which is 60 miles away from the non-custodial parent’s residence – needs to inform the non-custodial parent and get their consent. If the non-custodial parent objects to it, the court will step in and decide whether moving to a different state is in the best interests of the children.

This is because if you move to a different state with your kids, the visitation rights of the non-custodial parent might be affected. They might not be able to spend as much time with the kids as they are allowed to do so – as per the court’s order. This is a violation of their rights as a parent. This is why the law mandates that you should get the approval of the non-custodial parent or the court before you relocate to a new place.

Moreover, under Alabama law, both the custodial parent and the non-custodial parent are expected to play an active role in their children’s wellbeing and development. As the custodial parent, you cannot unilaterally decide what is best for the children. You need to talk to the non-custodial parent, get their inputs, and make sure they are on board with what you plan to do.

Notifying the Non-Custodial Parent about Your Relocation

Under the Alabama Relocation Act, you are required to give a 45-day notice to the non-custodial parent about your decision to relocate to a different state along with your kids. If you need to relocate on short notice due to unforeseen circumstances and if you are unable to give a 45-day notice, you must inform the non-custodial parent within 10 days – from the date on which you came to know about the move.

The notice must contain the following information:

• The address of the residence you plan to move to
• Phone number
• The date on which you plan to relocate
• The reasons for moving out of the state
• The school the children will be going to
• Suggested changes to the non-custodial parent’s visitation schedule (if you have any)

Apart from this, the notice must also include a warning that if the non-custodial parent has any objections to the proposed move, they must respond within 30 days – from the date on which they receive the notice.

If the non-custodial parent fails to object to the proposed move within 30 days, you can assume that they do not have any problem with the relocation, and you can move out of the state like you had planned to.

The Non-Custodial Parent’s Right to Object to the Relocation

Within 30 days of receiving your notice, the non-custodial parent can file a petition with the court to stop you from relocating to a different state.

The court will take a wide range of factors into account to decide whether the relocation is in the best interests of the children. These include:

• The reasons for the proposed relocation
• The reasons for the non-custodial parent’s objection
• The age and developmental needs of the children
• The nature and quality of relationship that the non-custodial parent enjoys with the children and whether it is likely to be affected – and if so, to what extent – by the proposed relocation
• Whether the non-custodial parent has alternative means of communication to stay in touch with the children
• The children’s preferences (depending on their age and maturity)
• Whether the relocation will affect the children’s quality of life, educational needs, and social life in any way

After taking the aforementioned factors – and a number of other factors – into consideration, the court might decide to allow you to relocate with the children or prohibit you from doing so.

Need to Relocate to a Different State with Your Kids? Our Alabama Family Law Attorneys Can Help!

Relocation of a custodial parent is always a contentious issue, so it is important for you to be represented by a capable family law attorney who can fight hard to achieve a positive outcome.

At Smith Law Firm, we have decades of experience in handling divorce cases as well as post-divorce complications. We can develop the right legal strategy and make the right arguments to convince the court that the proposed relocation is not only necessary, but that it is also in the best interests of the children involved. We will fight relentlessly to protect your rights as the custodial parent and achieve the best possible outcome.

To discuss your plan to relocate to a different state, call us today at 334-702-1744 or contact us online and schedule a free consultation with one of our Alabama family law attorneys.