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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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30-3-163
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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30-3-169.3
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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30-3-165
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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30-3-161
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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30-3-169.5
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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