ALFRA Achievements
On June 20, 2003, the Alabama Legislature passed and Gov. Riley signed "The Alabama Parent-Child Relationship Protection Act". This significant legislation was developed with ALFRA's support and is officially codified as Sec. 30-3-160, Code of Alabama, 1975. The Act makes it more difficult for children to be moved far away from their family, friends and most importantly, their other parent.
This Act was passed as the direct result of a lot of hard work by the people in ALFRA. Working TOGETHER has allowed us to reach out to others.
Passage of the Act is a prime example of how a small number of focused persons can affect the system. Remember, ALFRA is an ALL VOLUNTEER Association, and each of us can make a difference.
We need your help to make ALFRA a household name! Let's emphasize that children need two parents even after divorce, to make it a reality in the minds of the public, our legislators, our judges, and our divorce attorneys.
Act No. 2003-364 - The Alabama Parent-Child Protection Relationship Act
NOTE: ALFRA has many articles available on the member's only area. ALFRA members have unlimited access to this information.
Act No. 2003-364 - This act is known, and may be cited, as the “Alabama Parent-Child Relationship Protection Act.” The Act promotes the general philosophy the official policy of State of Alabama is that children need both parents after divorce.
Alabama law now requires each party to an action who has either custody of or the right of visitation with a child to notify other parties who has custody of or the right of visitation with the child of any change of principal residence and telephone number, or both, and of any change or proposed change of principal residence and telephone number or numbers of the child. The provisions of this act shall not apply to a change of principal residence of a child to a residence that is 60 miles or less from the residence of a non-locating parent, unless such change results in the child living in a different state. This is a continuing duty and remains in effect as to each child subject to the custody or visitation provisions of decrees entered by this court until such child reaches the age of majority or becomes emancipated and for so long as party is entitled to custody of or visitation with a child covered by orders entered by the court. If there is to be a change of principal residence by party or by a child subject to custody or visitation provisions of any orders issued by this court, you must provide the following information to each other person who has custody or visitation rights as follows:
(a) The intended new residence, including the specific street address, if known.
(b) The mailing address, if not the same as the street address.
(c) The telephone number or numbers at such residence, if known.
(d) If applicable – the name, address and telephone number of the school to be attended by a child, if known.
(e) The date of the intended change of principal residence of a child.
(f) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.
(g) A proposal for a revised schedule of custody of or visitation with a child, if any.
(h) A warning to the non-locating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
(i) Unless 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-locating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
Notice must be given 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, notice must be given by certified mail not later that the 10th day after the date that you obtain such information.
If the non-locating party does 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 a child, the change of principal residence is authorized.
IMPORTANT NOTE
ALFRA legal research has found if you are faced with this situation have your attorney immediately file an injunction to prevent the child from relocating until a hearing is held and/or request the non-relocating parent retain custody of the child(ren) until the issues are resolved.
Our research show if the custodial parent requests relocation and goes ahead with the move prior to final legal adjudication, many judges approve the move. On the other hand, if the injunction is filed, many judges will grant the relocating parents request to move, however the child will remain in custody of the non-relocating parent.
DISCLAIMER: This is not professional legal advice, but advice based on reading Alabama Civil Court of Appeal opinions on relocations. You should always seek the advice of a legal professional based on your individual situation. That said, you are the client. Legal professionals are required to do what the client wants accomplished.