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Thinking of moving? How it could impact your custody arrangement

Whether a move comes as a result of a new job or a desire for a new start, most of us would assume we are free to relocate where ever we please. However, parents who share custody or visitation need to think about how the move might impact the child custody agreement they are currently in with their ex.

In most cases, parents will need to modify the custody order and parenting plan to accommodate the relocation. But, the details vary case by case. Today, we cover some of the most common questions that arise for parents thinking of relocating.

Do I need court approval to move?

Sometimes. A court order is necessary when one parent intends to move out of state or more than 60 miles away from the child’s current home.

When do I need to notify my ex about relocating?

In general, a parent with either custody or visitation rights must notify their child’s other parent before changing their address or phone number. Notice must be given at least 45 days before the intended move, and the other parent has 30 days to object.

Can a parent prevent their ex from moving?

The non-relocating parent can file an objection to the move. In disputes like this, the courts consider what is in the best interests of the child. In some cases, that means requiring a parent to remain in the state.

What happens if I move without notifying my ex?

Under Alabama child custody laws, failure to notify the other party of your intent to relocate can be considered when the custody or visitation order is modified. In other words, it can put your custody rights at risk. 

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Law Office of Sebrina L. Martin, PLLC | 6728 Taylor Court |Montgomery, AL 36117 | Phone: 334-513-7898 | Map & Directions