Daphne, AL asked in Family Law and Child Custody for Alabama

Q: Baldwin County can you get a judge to grant you permission to move out of state with your children? Due to higher paying

Job opportunity the non custodial parent pays child support below state guidelines and inconsistently, this opportunity would allow for children to have a better quality of life and child support would then not be required neither the help of food stamps?

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1 Lawyer Answer

A: This is called a relocation action. First, you have to notify the non custodial parent of your intention to move by certified mail, 45 days before you intend to move. That parent then has 30 days in which to file an objection. The court will presume that the children should not be relocated. THe factors that are to be considered are right in the statute:The nature, quality, extent of involvement, and duration of the child’s relationship with the person

proposing to relocate with the child and with the non-relocating person, siblings, and other significant

persons or institutions in the child’s life.

(2) The age, developmental stage, needs of the child, and the likely impact the change of principal residence

of a child will have on the child’s physical, educational, and emotional development, taking into

consideration any special needs of the child.

(3) The increase in travel time for the child created by the change in principal residence of the child or a

person entitled to custody of or visitation with the child.

(4) The availability and cost of alternate means of communication between the child and the non-relocating

party.

(5) The feasibility of preserving the relationship between the non-relocating person and the child through

suitable visitation arrangements, considering the logistics and financial circumstances of the parties.

(6) The preference of the child, taking into consideration the age and maturity of the child.

(7) The degree to which a change or proposed change of the principal residence of the child will result in

uprooting the child as compared to the degree to which a modification of the custody of the child will

result in uprooting the child.

(8) The extent to which custody and visitation rights have been allowed and exercised.

(9) Whether there is an established pattern of conduct of the person seeking to change the principal

residence of a child, either to promote or thwart the relationship of the child and the non-relocating

person.

(10) Whether the person seeking to change the principal residence of a child, once out of the jurisdiction, is

likely to comply with any new visitation arrangement and the disposition of that person to foster a joint

parenting arrangement with the non-relocating party.

(11) Whether the relocation of the child will enhance the general quality of life for both the custodial party

seeking the change of principal residence of the child and the child, including, but not limited to, financial

or emotional benefit or educational opportunities.

(12) Whether or not a support system is available in the area of the proposed new residence of the child,

especially in the event of an emergency or disability to the person having custody of the child.

(13) Whether or not the proposed new residence of a child is to a foreign country whose public policy does

not normally enforce the visitation rights of non-custodial parents, which does not have an adequately

functioning legal system, or which otherwise presents a substantial risk of specific and serious harm to

the child.

(14) The stability of the family unit of the persons entitled to custody of and visitation with a child.

(15) The reasons of each person for seeking or opposing a change of principal residence of a child.

(16) Evidence relating to a history of domestic violence or child abuse.

(17) Any other factor that in the opinion of the court is material to the general issue or otherwise provided by

law.

You have got to show that this is good for the children, and that the good it does them is sufficient to move them.

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