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Can I Relocate After My Divorce?

November 12, 2021
Empowered Family Law, PC

At Empowered Family Law, we believe that divorce is about new beginnings—and you deserve one as well. Contact us today if you have further questions about relocating or have received notice that your former spouse intends to move. Let’s find the solution that fits you and your family.

The Challenges You Face

If your divorce includes an order dealing with custody and visitation of your children, what happens when one person wants to move?

  • Relocation is a complicated legal issue in Alabama.
  • Our laws require notice provisions which must be closely followed.
  • If you receive notice of an intended move with your children, you most likely need to take swift legal action to protect your rights.

The notice required extends far beyond a simple phone call or text.

  • You must send a letter via certified mail, and you should strongly consider having an attorney throughout the process—before this letter is ever sent to the other parent.
  • If you plan on moving, you should have as much information as you possibly can before you notify the other parent.  We can help you prepare and gather this information.

When One Parent Doesn’t Consent

The purpose of the notification is to give the other person time to file an objection with the court. At that point, the judge in your case will decide whether a relocation with your child(ren) is permitted.

  • There are a minimum of 17 factors a judge will consider to determine if the relocation is in the child’s best interest.
  • Your lawyer will explain to you the legal burden which you are required to overcome if you are the parent who is asking to relocate.

If you receive notice of an intended relocation, you should contact us immediately. You have a limited time to object. If you and the other parent cannot agree on a resolution, you need to prepare for court. For legal professional legal assistance, contact Empowered Family Law, PC.

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Empowered Family Law, PC

With Empowered Family Law, you get an advocate who sees difficulties as opportunities for growth and emphasizes healing and problem-solving no matter how challenging your case.

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