Alabama Relocation – Sample Notice

If you’re subject to divorce in Alabama involving minor children, and if you are planning to move, you need to give the other parent notice of the move, and the notice must be by certified mail. Note that this covers not just custodial parents but non-custodial parents as well.

So what should your notice say? Let’s start with the statute, Ala. Code § 30-3-165. I have added its text below the sample notice. The easiest way to make sure your notice complies with the statute is simply to go down the list and include the information in order. Each paragraph of the notice below is keyed to an item on the list of the required elements in the statute. Your notice should be in the form of a letter addressed to the other parent by name. You don’t need to put each element in a separate paragraph; you can combine two or more sentences in a paragraph. And of course, your notice need not include the numbered references. They’re just here to help you tie each statement to the statute.

This is the notice of my relocation in compliance with the Alabama Parent Child Relationship Protection Act.

(1) My new address will be 2635 Goodroad Street, Mitchell, KS 60527.

(2) My mailing address is the same.

(3) I will not have a land line at my new address. I plan to keep my same cell phone number, 205-999-9999.

(4) Mitchell will be attending Henderson Middle School, 5764 Education Way, Mitchell, KS 60527, phone number 609-427-2864. Mallory will be attending Henderson Elementary School, 5762 Education Way, Mitchell, KS 60527, phone number 609-427-1976.

(5) My move will be during the week of July 5-10.

(6) I am making this move to accept a position as curriculum director for Mitchell city schools.

(7) I propose that we leave our custody arrangements and visitation schedule unchanged.

(8) The statute requires me to inform you that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

 

For reference, here is the text of the statute.

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 included with the notice of intended change of principal residence of a child:

(1)     The intended new residence, including the specific street address, if known.

(2)     The mailing address, if not the same as the street address.

(3)     The telephone number or numbers at such residence, if known.

(4)     If applicable, the name, address, and telephone number of the school to be attended by the child, if known.

(5)     The date of the intended change of principal residence of a child.

(6)     A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

(7)     A proposal for a revised schedule of custody of or visitation with a child, if any.

(8)     A warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.

(c) A person entitled to custody of a child who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order of the government shall provide notice of change of principal residence of a child to the persons entitled to custody of or visitation with a child with the information set forth in subsection (b) except that such notice need not contain a warning to the non-relocating person as provided in subdivision (8) of subsection (b) that an objection to the relocation must be+ made within 30 days or the relocation will be permitted.

(d) A person required to give notice of a proposed change of principal residence of a child under this section has a continuing duty to provide the information required by this section as that information becomes known. Such information should be provided by certified mail to the last known address to the person or persons entitled to such notice within 10 days of the date such information becomes known.

Cite as Ala. Code § 30-3-165 (1975)

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