Legal Question in Family Law in Alabama

Child custody.

My exwife has standard custody of my children and by the law I have standard visitation but I actualy keep them 3-4 nights a every week. My Ex is thinking of moving to another city 600+ miles away and take my children with her.

What rights do I have to prevent her from taking my kids that far away?

Thank you!


Asked on 10/08/02, 4:36 pm

1 Answer from Attorneys

Fred Wood Fred Wood & Associates LLC

Re: Child custody.

You must first look to your Divorce Decree to see if there are any provisions regarding relocation.If not, you should retain an attorney and file a petition with the court. You will need to discuss the options of your petition with the atty you use. However, you may want to consider a petition for custody if you are already keeping the children as much as you say.

There are too many factors involved to discuss here but you may be able to make a good argument that this move is so disruptive to your children that it is not in their best interest.The ages of your children is also an important factor. As a general rule unless it is spelled out in the divorce there is no prohibition preventing a custodial parent from moving out of state. This is a complicated issue that I have been involved in several times over the years. It is also an expensive process with no guarantee of sucess.Find yourself an experienced family lawyer and find out what they suggest. Good Luck.

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Answered on 10/08/02, 10:02 pm


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