Legal Question in Family Law in Alabama

Child custody

My fiance' has enlisted in the Marines. We have a son together and my little girl is from a previous marraige. In our divorce decree my ex has visitation and we cannot leave our state/county. Once my fiance' gets stationed (Texas or the Carolinas for example) do we have to stay behind because of the visitation order?


Asked on 10/13/07, 7:32 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

Re: Child custody

I can only answer as to Alabama. You would need to follow the exact requirements of the Relocation Act as far as notification to the father of a planned or intended move. If the father objects, then there would have to be a trial. So, you would need to give notice as soon as you learn of where you will be moving in order that timem is allocated for any court action if necessary. If there is an agreement outside of the relocation order, then you would need to file with the court for a modification of the visitation and let the judge decide. You then would absolutely have to have a lawyer if you expect to succeed.

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Answered on 10/14/07, 11:24 am


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