The Alabama relocation protection act addresses the relocation of a single parent away from each other after a divorce and the issue of possession of the children. The statute took effect from September 1st, 2003 and effectively governs all the relocations taking place after the said date in the State of Alabama.
The Code of the Statute
The Alabama Parent-Child Relationship Protection Act, dictates that each party who either has the visitation right or custody of the child must inform the other party with custody rights or visitation rights of the child in case of any changes in her /his address or telephone number or in any case both as well as of changes in the telephone numbers of the child or address or telephone number of the principle residence.
This is a continuous duty, and will remain in action, as long as the child who is in subject to the custody or the visitation provisions reaches an age of majority or finally becomes emancipated as well as for as long as the parent is entitled to the visitation or the custody with the child who is covered under this order.
- Below is the important information that is required to be provided by one relocating party to the other non-relocating party, in case of a change in the principal residence of the child.
- The street address of the intended new principal new residence.
- The mailing address of the new location as well as the street address.
- The telephone number or numbers of the new residence, in case it is known.
- If applicable, the address, the name, the telephone number of the school which will be attended by the child.
- The date on which the principal address of the child will be changed.
- A statement explaining, the reasons behind the change of the principal residence of the child.
- A new proposal for the revision of the schedule of the visitation or custody of the child.
Unless you belong to the Unites states of America armed forces, and are being relocated or transferred due to a non-voluntary special order of the Government, a warning in a proposal form should be given to the non-relocating party. If there is any objection, it should be made, within 30 days of receiving the proposal. This objection should be sent in a proposal format only via certified mailing procedure. If this is done, then the relocation of the principal address will not be allowed.
Notice via Certified Mail
The statute dictates, that the proposed change of residence, must be given by a certified mail on or before the 45th day of the intended change or relocation of the principal residence.
In case, you are not aware or not informed of this change in principal residency and are unable to provide a 45-day window to the other party, then you have to send this notice via a certified mail method, at least within 10 days of receiving the information of change in residency.
In case of failure to notify the other party in case of a change or relocation in principal residency may be inferred as a modification made by you to the terms and conditions of the custody and visitation rules agreed by the parties and the court of law.
In case. You as the non-relocating party fail to take any action, within 30 days of the relocation notice describing the intent of the relocating party to change the address of the principal address, and then the final change in the principal residence is authorized.
Efficiency of the Alabama Parent-Child Relationship Protection Act
The Alabama Parent-Child Relationship Protection Act is a good thing in a way. It requires the relocating party to inform the non-relocating party if he intends to move to a new state or at least 60 miles away from the other parent’s address, unless the relocation serves to bring the part’s closer to each other in terms of location.
The reason why this protection act is good, is because, it addresses certain ideas and clarifies certain principles, which have not been settled well in the past cases. In case the custodian parent wants to relocate, it provides more certainty to the move, and also it serves as a good system to conserve the rights of the law. It is also beneficial to look after the well being of the child.
Always make sure to contact a child custody attorney to find out more about your unique situation.
