Legal Question in Family Law in Alabama

Moving Child out of State

I got divorced 5 yrs ago,at the time I had a 4 yr. old and a 2mo. old. Shortly after this my ex went to prison for a year for stabbing a guy. He now has supervised visitation.He has seen his kids about 4 times in the last 5 yrs. for about 30 min each time.The now 9 yr old doesn't remember him and the now 4 yr old doesn't have a clue who he is.The ex doesn't pay child support either. Ive dated a guy for two yrs now who lives in TN. I want to marry and move there. Can I move the kids?What legal procedures do I need to start?I have no idea where my ex is or lives.

Asked on 9/16/00, 10:25 am

1 Answer from Attorneys

Walter Blocker Walter l. Blocker, III P.C.

Re: Moving Child out of State

unless there is a restriction in your divorce decree regarding geographical movement, and considering the facts you presented in your case, there probably would not be any problem with moving. HOWEVER your ex husband has the right to bring an action to restrict your movement based on the best interests of the children and if that occurs a court would determine whether you could move or are restricted from geographical movement. you need to consult an attorney and based on all of the facts get some one on one advise with this problem.

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Answered on 10/27/00, 3:39 pm

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