Birmingham Child Relocation Lawyer
After a divorce, people sometimes want to move far from their spouse. They may want to move to another city for employment reasons, or one party may want to move out of the state to be closer to family. When a parent wants to move with their child after a divorce, there are times when they need to obtain the permission from the family court. Below, our Birmingham child relocation lawyer outlines when this is, and the procedure one must follow.
Notice of Child Relocation
If you wish to move 60 miles or more from your child’s other parent, you must provide them written notice. Notice must be given within 45 days of the move, or within ten days after learning of the move. Within your notice of child relocation, you should include:
- The new address
- The new phone number
- The name and address of the new school the child will attend
- The reason for the move
- A proposed schedule for any revision in child custody or visitation
- A provision stating that if the other parent objects, they must do so within 30 days
Objecting to Child Relocation
After you have provided the other parent with proper notice, you have 30 days to object to the move. If you do not object within this time, the courts will usually permit the move. If you object, the court may schedule a hearing to determine whether the move is in the child’s best interests. There are many factors taken into consideration when determining if a move is in a child’s best interests. Some of these include:
- The stability of the relationship between the child and the non-locating parent
- The distance of the move
- If the move is for a justifiable reason or is being done in bad faith to unnecessarily interfere with the relationship between the child and the non-locating parent
- Whether the child wants to move
If the parent who wishes to relocate can prove that a move would be in the child’s best interests, it is then the non-relocating parent who has the burden of proof to show that it is not. The family courts in Alabama start any relocation case with the presumption that relocation is not in the best interests of younger children. However, when a child is older, the courts presume that a move will not impact them as much emotionally or mentally and so, they are typically more likely to allow a move in these cases.
Our Child Relocation Lawyer in Birmingham Can Assist with Your Case
If you have a child with someone and wish to move, or you would like to object to a possible relocation, you need sound legal advice. At Peeples Law, our Birmingham child relocation lawyer can analyze the facts of your case, answer all of your questions, and help ensure proper procedure is followed so you have the best chance of a positive outcome. Call us now at 205-403-5577 or connect with us online to schedule a consultation and to learn more about your legal options.
