Birmingham Parent Relocation Lawyer
It is no secret that a divorce will change nearly every aspect of your life. In the months and years that follow, you may want to move for a better job, or you may even want to move out of state to be closer to family. Although you have the right to make these changes, you may not have the right to bring your child with you, even if you were awarded custody during the divorce. Parent relocation is specifically addressed in Alabama law, and it is these laws that will govern your case. Below, our Birmingham parent relocation lawyer explains more.
What is Considered Parent Relocation in Alabama?
When a parent is only moving across the city or to a nearby location, the move is typically a simple matter. Still, parents who wish to change their child’s residence must provide notice to the other parent at least 45 days before the expected move. The other parent cannot object to a move unless it is 60 miles or more away. When a long distance move is anticipated, the court may get involved if there is an objection from the other parent.
Objecting to Parent Relocation
After receiving notice of the parent’s intent to move, a parent has 30 days to file their objection with the court. A court hearing will be scheduled and you and your former spouse must each attend. You, along with the child’s other parent, will have the opportunity to testify. Any relocation will reopen the issue of child custody. If you are objecting to the other parent’s move, you have the burden of proof to show that it is not in the child’s best interests.
Factors Considered in Parent Relocation Cases
As with any child custody situation, the best interests of the child are central to any parent relocation case. A judge will consider many factors when determining if a move is in the child’s best interests, and they are as follows:
- The level of involvement the child has with each parent and their siblings
- The needs of the child
- The impact the move will have on the child’s educational and emotional development
- The amount of travel time between the child and noncustodial parent for visitation purposes
- The preference of the child, if they are of a certain age and maturity level
- The feasibility of providing alternate visitation if the custodial parent is allowed to move
- The availability of alternate communication between the noncustodial parent and the child
- The stability of each parent
- If there is any history of domestic violence
- Any other factor the court considers relevant
Our Parent Relocation Lawyer in Birmingham Can Assist with Your Case
Whether you want to move with your child, or object to your former spouse’s move, our Birmingham parent relocation lawyer can help. At Peeples Law, our experienced attorney can help you prove your case and provide advice so you can make informed decisions and have the best chance of a successful outcome. Call us now at 205-403-5577 or connect with us online to schedule a consultation.
