Moving Away With a Child in Alabama: Relocation Notice, Distance Rules and Burden of Proof
In Alabama, a parent moving a child must send notice by certified mail at least 45 days before, and the other parent has 30 days to object. The court presumes a move is not in the child’s best interest, and the parent seeking it goes first.
What notice must a parent give before moving a child in Alabama?
A person who has the right to establish the child’s principal residence must give notice of a proposed change to every other person entitled to custody or visitation, and a person entitled to custody or visitation must give notice of an intended change of his or her own residence (30-3-163; 30-3-164). The notice must go by certified mail to the last known address no later than the 45th day before the intended change, or the 10th day after the information becomes known if it could not be known in time (30-3-165).
| Item | Alabama rule |
|---|---|
| Who gives notice | The person with the right to set the child’s principal residence, and any person entitled to custody or visitation who is moving |
| How | Certified mail to the last known address |
| When | No later than the 45th day before the move, or the 10th day after the information becomes known if it could not be known earlier |
| What it must include | New address, mailing address, phone, school, date, reasons, a proposed revised schedule and a 30-day objection warning |
| Objection | File within 30 days after receiving notice; the court may extend for good cause or defective notice |
| Burden | Presumption that the move is not in the child’s best interest; the party seeking it goes first |
What counts as a relocation?
A change in the principal residence of a child for 45 days or more, intended to be permanent, whether or not the person entitled to custody also moves; a temporary absence or an absence to escape domestic violence is not a relocation (30-3-161).
Does distance matter in Alabama?
Yes, for the court proceedings. Sections 30-3-169.1 to 30-3-169.7, which cover objection proceedings, temporary orders, the burden of proof and sanctions, do not apply to a move to a residence 60 miles or less from the non-relocating parent entitled to custody or visitation, or to a move that puts the child nearer that parent, unless the move puts the child in a different state (30-3-162(b)). Read your own order for any notice terms.
How long does the other parent have to object?
The parent entitled to set the child’s residence may make the change after notice unless a person entitled to notice files a proceeding for a temporary or permanent order to prevent it within 30 days after receiving the notice (30-3-169). The court may extend or waive the 30 days for good cause, excusable neglect or defective notice (30-3-169.1(c)). A non-parent with visitation can seek a revised visitation schedule but cannot object to the move.
Who has the burden of proof in an Alabama relocation case?
Unless the objecting parent has been found to have committed domestic violence or child abuse, there is a rebuttable presumption that a change of a child’s principal residence is not in the child’s best interest. The party seeking the change has the initial burden, and if it is met the burden shifts to the non-relocating party (30-3-169.4).
What factors does the court weigh?
Among others: the child’s relationships with the relocating and non-relocating parents, siblings and others, the child’s age and needs, added travel time and the cost and means of staying in touch, whether the relationship can be kept with a suitable schedule, the child’s preference, the uprooting caused by the move compared with a change of custody, patterns of promoting or thwarting the relationship, whether the new home improves the quality of life, and whether the new location is a foreign country that may not enforce visitation (30-3-169.3).
What if a parent moves without notice?
The court shall treat the failure to give notice as a factor in deciding the move, whether to modify custody or visitation, whether to order the child returned, whether to deviate from the child support guidelines, whether to increase transportation and communication expenses and whether to order the mover to pay the objecting parent’s costs and fees; willful violation of an order’s notice requirement can be contempt (30-3-168). The court may also order a temporary return (30-3-169.2) or require security that custody and visitation will not be obstructed (30-3-169.5). Added transportation costs after a move can also change support: see the Alabama child support calculator.
What about military transfers?
The article does not apply to a person on active military service being transferred under a non-voluntary government order, except that notice of the change must still be given with the required information, without the 30-day objection warning (30-3-162(a); 30-3-165(c)). See the Alabama parenting time calculator to recount overnights under a revised schedule.
Frequently asked questions
How much notice must I give before moving my child in Alabama?
Notice by certified mail no later than the 45th day before the move.
How long does the other parent have to object to a move in Alabama?
Thirty days after receiving the notice, by filing a proceeding.
Does a move under 60 miles need court proceedings in Alabama?
The objection proceedings and burden-of-proof sections do not apply to moves of 60 miles or less, unless the child moves to another state.
Who has the burden of proof in an Alabama relocation case?
The parent seeking the move has the initial burden, against a presumption that a move is not in the child’s best interest.
What happens if I move my child without notice in Alabama?
The court can weigh it against you in custody, return and support decisions and can order costs.
Official sources
- Ala. Code 30-3-150: joint custody policy
- Ala. Code 30-3-151: definitions of joint and sole custody
- Ala. Code 30-3-152: factors and presumption
- Ala. Code 30-3-153: implementation and required provisions
- Rule 32, Alabama Rules of Judicial Administration: child support guidelines
- Ala. Code 30-3-165: notice of change of principal residence
- Ala. Code 30-3-161: relocation definitions
- Ala. Code 30-3-162: applicability and the 60-mile rule
- Ala. Code 30-3-169.4: burden of proof
- Ala. Code 30-3-168: failure to give notice
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.