Get a lawyer and comply with the law.

I've been told 60 miles maximum.

My very soon to be ex wife wants to move herself and her 2 kids to the total other end of the state.  If it helps her get her head right then I support her decision on moving.  Nothing I tried succeeded in helping.  The kids bio dad isn't that active in their lives anyhow.  I was though.

I'm not a lawyer, don't play one on TV, and didn't stay in a Holiday Inn Express...well, ever.

I was an Alabama LEO for 16 years and am now in the contract security/investigations biz and do a lot of computer forensics work. I've been in the middle of, and get in in the middle of domestic relations cases all the time.

While there are always exceptions, in Alabama once the first divorce decree is issued and it contains child custody/support provisions it can be very. very difficult for either side to alter it for convenience or personal preferences.

It isn't impossible for a good argument to be made for the custodial parent to move, but it isn't easy. Your friend should NOT agree to any move. An always valid argument is that the initial agreement was about keeping the child in a stable relationship with both parents at ALL times. The only way that can occur is that all of the child's activities, group social, school, family social, etc... must be within a area that both parents can regularly attend/participate.

The ONLY custodial parent move that should be unopposed would be one within the same school district. That is a convenient geographical boundary, is not ambiguous or arbitrary, and assures a reasonable opportunity for the child to properly socialize with the same circle of friends all the way through school.

End Part 1

Should the non-custodial parent lose the argument and the move be allowed despite their objections, every aspect of the terms must be written into the amended decree. Write the exact terms of visitation, each parties responsibilities into the final order. Before it is finalized, determine a place to meet - literally an address on a map - with a PD or City Hall reasonably close to midway being excellent places, and define narrow time windows for meeting, too. That isn't so that the tight constraints can be used against each other, but so that there is a default set of conditions that both parties must comply with should civility break down after some time has passed.

Terms to avoid are 'reasonable' or 'as agreed', or 'as negotiated' etc... as in "reasonable visitation, at times and places agreed to or negotiated between the parties". Those ambiguous terms ALWAYS break-down and cause much more grief than they prevent over the term of the support decree.    

Also...In Alabama, child financial support is determined by a formula and the number that pops-out of the sacred formula is considered the minimum. Even if the non-custodial parent can afford more, the formula amount should be what is written into the decree. Any extra can be easily paid (by check) and it should be considered 'good will contributions' only, not mandated by the Court.


End Part 2

As earnings on both sides ebb and flow over the term of the decree, the calculated amount remains fixed, unless and until the earnings plugged into the formula would result in a change of  - I think - 15% or more  in the TOTAL amount of support, Because of that, your friend needs to be VERY careful about trading reduced child support for any concessions to the custodial parent. Even if an amount less than the formula gets past the judge, there are 20-ways for the formula amount to be reinstated with the full back-amount owed.

My sincere advice to friends and casual advice to clients is always the same thing: Just Say No!

Do not acquiesce to ANY changes to the initial decree, ESPECIALLY if it is working to the child's and the non-custodial parent's advantage. If they want to roll the dice and take their chances with the judge, let them have at it. That doesn't mean be difficult, just politely say "No, thank you." to any request to change the decree beyond minor necessities (and only then for the benefit of the child).


End Part 3

If it gets nasty and the custodial parent fights to move, there is always the angle that custody can change...and Alabama is becoming more and more amicable to custodial changes.  



These observations are worth exactly how much they cost, but they are based on what I have observed over the past 35 years.



End...damned character limits  ;-)

MikeN

When I got divorced in 2004 I got custody of my kids.

Per the Alabama Parent Child Relationship Act primary custodian cannot move more than 60 miles from non-custodial.

If the custodial wishes to move 61+ miles custodial must prove to the court that it is in the best interest of the child. (burden on the custodial)

My lawyer insisted some other act be referenced in the decree. This was not redacted and was filed. I cant remember the name of the act without looking at the papers, but essentially it said there was nothing that the non-custodial could ever do to gain custody short of primary giving it up. According to my lawyer my ex could become pope and I still wouldnt lose primary. Only if I gave up custody.

Which I did to move to Huntsville.

Which I will regret for the rest of my life.

I did not have the money for the court fight and had to have a job. Such is life.

However there is precedent that this act that was referenced in the divorce decree trumps the Parent-Child act.

If you need the name of that act let me know and I'll try to find it.

Its extremely irritating to hear people give advice about things they no nothing about. So many people ask, "Well, why didnt ya do this or that?" and wont believe you when you respond, "No. No you cant."

I will say this: my lawyer said move with the kids anyway. Ex would have to accommodate until court was settled, and by then the kids would be settled in Hville. But I didnt have the money for a house and was rooming with a friend. I will forever regret so much.