When one parent wants to relocate with the child outside of their current area, it is commonly referred to as a “move-away” case. It is important to understand the regulations surrounding move away cases and child custody before making any decisions. Since 2013, custody orders in Alabama have been required to comply with the state’s Parent-Child Relationship Protection Act (often called the “Relocation Act”). The Relocation Act was written on the assumption that children tend to benefit the most when both parents continue to be a regular part of their lives. The Relocation Act limits parents’ ability to relocate in a way that deprives their children the ability to maintain an ongoing relationship with the other parent.
Courts are required to make decisions based on the best interests of the child. The court will consider several factors when deciding whether or not to grant permission for a parent to relocate with their children such as:
- The child’s age, developmental stage, and needs.
- The child’s relationship with both parents.
- The impact of the move on the child’s educational opportunities, social life, and relationships with extended family members.
- The reasons why one parent wants to relocate
- Whether or not there are any alternatives available that would allow both parents continued access to their children without requiring relocation
- Any history of domestic violence, substance abuse, or neglect.
- The ability of the parents to co-parent effectively, both before and after the move.
- Any other relevant factors that may affect the best interests of the child
The regulations surrounding move-away cases can vary by state, but most states require a parent who wants to move away with the child to obtain court permission. In Alabama, for example, a parent must provide written notice to the other parent at least 45 days before the proposed move. The other parent then has the opportunity to object to the move, and a court hearing is scheduled to resolve the dispute. Ultimately, it is up to the judge presiding over your case to decide whether or not relocation is in your child’s best interest. Courts are required to make decisions based on the best interests of the child. However, there is no one-size-fits-all solution in move-away cases. Each case is unique, and the court must consider all relevant factors to make an informed decision.
Joint custody is a common arrangement in move-away cases. In these situations, the parents share legal custody of the child, but physical custody is granted to one parent. The other parent typically has visitation rights. In some cases, the parents might agree to a long-distance visitation schedule that allows the non-custodial parent to maintain a meaningful relationship with the child. This can include extended visits during school breaks or holidays, regular phone or video calls, and other arrangements that work for the family.
When it comes to sole custody cases, if one parent wishes to move out of state with their child they must obtain permission from either another court or from all other individuals who have been granted custodial rights by a court order. If multiple individuals have been granted custodial rights by a court order then all parties must agree before any relocation can take place. If you have substantial debts that are going unpaid, then you might talk to a local bankruptcy attorney in Prattville, Alabama. It is important for parents in this situation to understand that even though they may have sole physical custody of their children they still need permission from all other custodial parties before relocating out-of-state with them.
Move-away cases and child custody can be complex and emotionally charged. Parents should try to reach an agreement before going to court, but when that’s not possible, it’s important to have a thorough understanding of the legal regulations and factors considered in these cases. Ultimately, the goal is to ensure the child’s best interests are at the forefront of any decisions made. With the help of experienced legal counsel and a commitment to co-parenting, families can navigate these difficult situations and find a solution that works for everyone involved.
