Articles Posted in Divorce

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An issue that often arises in Alabama divorce, child custody and post divorce modification cases is whether one parent may leave the state and relocate with the minor child.  These same issues arise in family court cases in Alabama where an Order addressing paternity and custody has been entered.  In any case in Alabama in which custody or visitation in involved the Alabama Relocation Act, Alabama Code Section 30-3-166.  In short form the Act provides for the technical notice that is required to be given by a parent seeking to relocate and the procedure the court must use to evaluate such a request.  Alabama law actual requires that the text of the Act be included in any order establishing custody and/or visitation rights with a child.  The Act provides:

Alabama law requires each party in this action who has either custody of or the right of visitation with a child to notify other parties who have custody of or the right of visitation with the child of any change in his or her address or telephone number, or both, and of any change or proposed change of principal residence and telephone number or numbers of a child.  This is a continuing duty and remains in effect as to each child subject to the custody or visitation provisions of this decree until such child reaches the age of majority or becomes emancipated and for so long as you are entitled to custody of or visitation with a child covered by this order.  If there is to be a change of principal residence by you or by a child subject to the custody or visitation provisions of this order, you must provide the following information to each other person who has custody or visitation rights under this decree as follows:

(1)       The intended new residence, including the specific street address, if known.