Serving the Mobile, Alabama Area
William J. Casey, II Attorney at Law, P.C.
3208 Cottage Hill Road, Mobile, AL 36606
Relocation Law
The order set out below regarding relocation
requirements shall NOT apply to a change of principal
residence of a child to a residence which is 60 miles
or less from the residence of a non-relocating parent
who is entitled to custody of or visitation with the child
or if the change or proposed change results in the
child residing nearer to the non-relocating parent than
before the change or proposed change, unless such
change in the principal residence of a child results in
the child living in a different state:
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:
•
The intended new residence, including the
specific street address, if known.
•
The mailing address, if not the same as the
street address.
•
The telephone number or numbers at such
residence, if known.
•
If applicable, the name, address, and telephone
number of the school to be attended by the child,
if known.
•
The date of the intended change of principal
residence of a child.
•
A statement of the specific reasons for the
proposed change of principal residence of a
child, if applicable.
•
A proposal for a revised schedule of custody of
or visitation with a child, if any.
•
Unless you are a member of the Armed Forces of
the United States of America and are being
transferred or relocated pursuant to a non-
voluntary order of the government, a warning to
the non-relocating person that an objection to the
relocation must be made within 30 days of
receipt of the notice or relocation will be
permitted.
You must give notice by certified mail of the proposed
change of principal residence on or before the 45 th
day before a proposed change of principal residence.
If you do not know and cannot reasonably become
aware of such information in sufficient time to provide
a 45-day notice, you must give such notice by
certified mail not later than the 10 th day after the date
that you obtain such information.
Your failure to notify other parties entitled to notice of
your intent to change the principal residence of a child
may be taken into account in a modification of the
custody of or visitation with the child.
If you, as the non-relocation party, do not commence
an action seeking a temporary or permanent order to
prevent the change of principal residence of a child
within 30 days after receipt of notice of the intent to
change the principal residence of the child, the
change of principal residence is authorized.