Legal Question in Family Law in Alabama

My ex and I have joint Custody with me being the primary of our six year old son.I am the father. I live in Birmingham and have just recieved notice that I am being promoted at work, but I will have to move 200 miles away to Tennessee for the promotion. I understand that I have to give 45 days notice, a new address, school info, etc to my ex.. If I go by the book according to our Agreement, and my Ex Contests this Move, how likely will this effect my custody status? The visitation schedule would not change or need to be modified... If I take this position to better the life I have made for my Son and I, I don't really see a problem, but knowing his Mother, she will contest. What is the process IF she contests, and what will I need to do? Couple of facts.. His Mother has never paid any child support and is way behind, she filed him under her Taxes this year when she wasn"t supposed to, so I do have that to use if I need to... I just dont see how it could be a problem if I have to move 200 miles away for more money and a job advancment.. Will or could I potentially lose custody just for trying? Could I retract if it goes bad somehow? I wouldn't be the first person that would have to move for a job, so... Anyways I would just like to know what position I am in and what to be careful for and if it sounds like I would have a good chance if she were to contest the move.. Would she need to get an atty as well to contest? Would I need one? Thanks...


Asked on 5/06/10, 4:13 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

She does not have to get an attorney but would do better if she did. She will have to file a complaint opposing your move. She has some problems having not paid child support and that would favor you. You do not necessarily have to have a lawyer but it would be wise.

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Answered on 5/11/10, 5:10 pm


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