Michael Cana and M

Birmingham Child Custody Attorney

Set out below is the Alabama Child Relocation Act. If you or another parent is contemplating a move and have questions about your rights and obligations under Alabama Child Custody laws, contact Harwell Law Firm LLC today via phone at (205) 980-1445 or by completing our online intake form.

CHILD RELOCATION ACT

Relocation of Children: For all cases of relocation by a party of a distance of greater than sixty (60) miles
from the other party, Alabama law requires each party in an a an Alabama Child Custody 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
a 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 a child custody 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 a child
custody order, you must provide the following information to each other person who has custody or
visitation rights under a child custody decree as follows:

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

(2) The mailing address, if not the same as the street address.

(3) The telephone number or numbers at such residence if known.

(4) If applicable, the name, address, and telephone number of the school to be attended by the child, if known.

(5) The date of the intended change of principal residence of a child.

(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

(7) A proposal for a revised schedule of custody of or visitation with a child, if any.

(8) 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 the relocation will be permitted.

You must give notice by certified mail of the proposed change of principal residence on or before the 45th 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 10th 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 a non-relocating 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.