Legal Question in Family Law in Alabama

Re: Father's Rights in Custody Cases

I am assuming that there is nothing in your Divorce Agreement or Judgment about her relocating. If there was you could take her back to Court for contempt. Now if there is not, under Alabama law you must show a material change of circumstances to change custody, which her marriage and this new guy may constitute. I would suggest the first step is a criminal records check on this new husband. Then you must show that it is in the children's best interests to be placed in your custody. If you do not want custody, then you may still ask the Court for meaningful enforcement of your visitation rights and safety of your children (i.e. if the guy is a threat/danger to the children, and you can show it, the Court can kick him out). The issues here are both time and costs. Your children should not lose they father due to your ex's relocation, so you should have a meaniful visitation and she should share at least half the costs of visitation, perhaps all the costs. The point here is if she has to pay for two (unknown number of children?) round trip pay tickets twice a month, she may well move back.

It is difficult to change custody, but not impossible, but enforcement of visitation and costs of visitation are fairly easy here in Alabama.