Suppose you get a better job or a chance to be closer to family or simply want a fresh start in a new state, but you’re the parent with primary custody. Can you simply pack your bags and leave? The short answer is no. Even as the custodial parent, you can’t just relocate out of state with the child on a whim.
You must follow specific legal steps to relocate with your child outside Alabama lawfully. If you disregard them, you could face serious consequences, including losing custody or facing criminal charges.
The law in Alabama
If you plan to relocate outside the state, you must provide your co-parent with at least 45 days written notice. While there are exceptions, the notice must include information like the new address, phone number (if known), reason for the move, the child’s proposed new school information (if known) and any proposed changes to the custody or visitation schedule you may have in mind.
The other parent can object
Once you give your co-parent notice that you intend to relocate out of state, they have the right to file an objection with the court. If they do, a judge will hold a hearing to decide whether the move is in the child’s best interests. The court will consider various factors, including:
- What’s prompting the move
- If and how the relocation will affect the child’s relationship with the other parent
- The educational and emotional benefits of the relocation for the child
- Whether the move improves the child’s quality of life, among others
Every case is different. The judge may allow or deny the relocation or even grant primary custody to the non-moving parent if they believe it’s what’s best for the child. The court may also order mediation or set specific terms to help both parents reach a workable solution.
Get personalized guidance
If you’re thinking of moving out of state with your child, it’s wise to get qualified legal support beforehand, whether or not there is a custody order in place. Doing things the right way can save you a lot of problems down the road and protect your parental rights.
