Legal Question in Family Law in Alabama

Re: Custody

In order to get more time with your child, you will need to file a Petition to Modify with the court requesting that you be awarded expanded visitation rights or that you be awarded joint physical custody. You will need to be prepared to show the court that there has been a material change in circumstances since the last court order, and that the change in custody will materially promote the best interests and welfare of your child.

One of the ways to establish a material change in circumstances is your ex-wife's plan to move away from you. Courts now treat that as a change in circumstances that can justify a change in custody, if your wife is going to move so far away that it will impair your ability to spend time with your child.

I would suggest that you schedule an appointment with a family law attorney to discuss filing a petition to modify your prior decree. You need to go over the details of your situation with an attorney, and develop a plan for how you will increase your custody rights.

Good luck!