30-3-163
Section 30-3-163 Change of principal residence - Child. Except as provided by Section
30-3-167, a person who has the right to establish the principal residence of the child shall
provide notice to every other person entitled to custody of or visitation with a child of
a proposed change of the child's principal residence as required by subsection (b) of Section
30-3-165. (Act 2003-364, p. 1017, §4.)...
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30-3-164
Section 30-3-164 Change of principal residence - Custodial party, persons with visitation
rights. Except as provided by Section 30-3-167, a person entitled to custody of or
visitation with a child shall provide notice to every other person entitled to custody of
or visitation with a child of an intended change in his or her principal residence as required
by subsection (b) of Section 30-3-165. (Act 2003-364, p. 1017, §5.)...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases
shall have the following meanings, unless the context requires a different definition: (1)
CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been
determined by a prior court order, whether or not accompanied by a change of the residence
of a person entitled to custody of the child, with the intent that such change shall be permanent
in nature and not amounting to a temporary absence of the child from his or her principal
residence. (2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102.
As used in this article, the term may include the singular and the plural. (3) CHILD CUSTODY
DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody,
physical custody, or visitation with respect to a child. The term includes a permanent, temporary,
initial, and modification order. The term does not include an order relating...
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30-3-165
Section 30-3-165 Notice. (a) When a notice is required by either Section 30-3-163
or Section 30-3-164, except as provided by Section 30-3-167, the notice of a
proposed change of principal residence of a child or the notice of an intended or proposed
change of the principal residence of an adult as provided in this article must be given by
certified mail to the last known address of the person or persons entitled to notification
under this article not later than the 45th day before the date of the intended change of the
principal residence of a child or the 10th day after the date such information required to
be furnished by subsection (b) becomes known, if the person did not know and could not reasonably
have known the information in sufficient time to comply with the 45-day notice, and it is
not reasonably possible to extend the time for change of principal residence of the child.
(b) Except as provided by Section 30-3-167, all of the following information, if available,
must be...
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30-3-166
Section 30-3-166 Language required in child custody determination. After September 1,
2003, every child custody determination shall include the following language: "Alabama
law requires each party in this action who has either custody of or the right of visitation
with a child to notify other parties who have custody of or the right of visitation with the
child of any change in his or her address or telephone number, or both, and of any change
or proposed change of principal residence and telephone number or numbers of a child. This
is a continuing duty and remains in effect as to each child subject to the custody or visitation
provisions of this decree until such child reaches the age of majority or becomes emancipated
and for so long as you are entitled to custody of or visitation with a child covered by this
order. If there is to be a change of principal residence by you or by a child subject to the
custody or visitation provisions of this order, you must provide the following...
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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon
final judgment permitting the change of principal residence of a child, a court may consider
a proposed change of principal residence of a child as a factor to support a change of custody
of the child. In determining whether a proposed or actual change of principal residence of
a minor child should cause a change in custody of that child, a court shall take into account
all factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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30-3-169.5
Section 30-3-169.5 Obstructions to custody or visitation. If on final hearing the change
of principal residence of a child is permitted, the court may require the person seeking to
change the principal residence of a child to provide reasonable security guaranteeing that
the custody of and visitation with the child will not be interrupted or obstructed by the
relocating party. (Act 2003-364, p. 1017, §15.)...
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30-3-169.1
Section 30-3-169.1 Proceedings. (a) A person entitled to custody of or visitation with
a child may commence a proceeding objecting to a proposed change of the principal residence
of a child and seek a temporary or permanent order to prevent the relocation. (b) A non-parent
entitled to visitation with a child may commence a proceeding to obtain a revised schedule
of visitation, but may not object to the proposed change of principal residence of a child
or seek a temporary or permanent order to prevent the change. (c) A proceeding filed under
this section must be filed within 30 days of receipt of notice of a proposed change
of principal residence of a child, except that the court may extend or waive the time for
commencing such action upon a showing of good cause, excusable neglect, or that the notice
required by subsection (b) of Section 30-3-165 is defective or insufficient upon which
to base an action under this article. (d) Except as otherwise specifically provided in this
article,...
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30-3-162
Section 30-3-162 Applicability. (a) Except as provided otherwise by this chapter, the
provisions of this article apply to all orders determining custody of or visitation with a
child whether such order was issued before or after September 1, 2003. To the extent that
a provision of this article conflicts with an existing order determining custody of or visitation
with a child or other enforceable agreement, this article does not apply to alter or amend
the terms of such order or agreement which addresses the rights of the parties or the child
with regard to a change in the primary residence of a child. Any person entitled to the legal
or physical custody of or visitation with a child may commence an action for modification
to incorporate the provisions of this article into an existing order determining the custody
of or visitation with a child. Except as provided in subsection (c) of Section 30-3-165,
this article shall not apply to a person who is on active military service in the...
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30-3-168
Section 30-3-168 Failure to give notice. (a) Except as provided in Section 30-3-167,
if a person required to give notice as required by Section 30-3-163 or Section
30-3-164 shall fail to provide the notice or the information required by subsection (b) of
Section 30-3-165, the court shall consider the failure to provide such notice or information
as a factor in making its determination regarding the change of principal residence of a child;
a factor in determining whether custody or visitation should be modified; a factor for ordering
the return of the child to the former residence of the child if the change of principal residence
of a child has taken place without notice; a factor meriting a deviation from the child support
guidelines; a factor in awarding increased transportation and communication expenses with
the child; and a factor in considering whether the person seeking to change the principal
residence of a child may be ordered to pay reasonable costs and attorney's fees...
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