From time to time the case arises where a divorced parent with primary custody wants or needs to move. I have been asked on several occasions what procedures a parent must take to move, or prevent such a move.

Relocation is controlled by statutes found in sections 30-3-160 to 169 of the Alabama code. Every divorce decree or custody grant must have certain language instructing a parent on how to proceed with a possible relocation. Odds are, this language is in your divorce or custody order.

Under the law, each parent who has either custody of a child or the right of visitation with a child must notify the other parent of any change in address or telephone number, or both, and of any change or proposed change of residence and/or telephone number of the child. If there is to be a change of principal residence, that parent must provide the following information to every other person who has custody or visitation rights: 1) The new residence, including the specific street and mailing addresses; 2) The telephone number or numbers; 3) The name, address, and telephone number of the school to be attended by the child, if applicable; 4) The date of the intended change of residence; 5) A statement of the specific reasons for the proposed change of principal residence; 6) A proposal for a revised schedule of custody of or visitation with the child; and 7) Unless you are a member of the Armed Forces and are being transferred or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating parent that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

The law requires that you give this notice to the non-relocating parent by certified mail on or before the 45th day before the 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 tenth day after the date that you obtain information regarding the relocation.

After receiving notice, if the non-relocating party does not commence an action seeking a temporary or permanent order to prevent the change of principal residence of the child within 30 days, the change of principal residence is assumed to be authorized.

The law adds that unless the party objecting to the change has been found to have committed domestic violence or child abuse, the court should presume a change is not in the best interests of the child. This means that the parent seeking to move has the initial burden of proof that a move is in the child's best interest.