Hi,I currently live in huntsville,al and have a question regarding visitation with my daughter.I have a court ordered visitation schedule to see my daughter every 1st,3rd and every other 5th "weekend" with my daughter through a court in downtown huntsville(madison county).When the court order was issued about 3 years ago i was living with my parents in hazel green,al(madison county) about 2 mins from the mother of my childs residence.About a month ago I moved to live with some other relatives that still live in madison county about 20 mins from where my daughters mom lives at now and haven't been allowed visitation with my daughter on my scheduled days because her mother claims I have to take her back to court and file an address change with the court as well to still receive visitation.I was just wondering if this is true or is she in contempt of court for not allowing me my scheduled days?thank you
1 Answer from Attorneys
If you are referring to the statute regarding standard visitation you are required to notify the child's parent and she has 60 days to respond by returning to court and contesting the move. Unless your order states otherwise, you are not required to file a change of address with the court. Your child's mother has no right to refuse your visitation based on the circumstance you presented.