Hambright v. Hambright

[EvilKirk]

Lee,

I read your blog regarding this case and I cannot make head nor tails of your discussion.

Currently I have joint custody with myself being primary. I desperately need to move more than 60 miles away due to my job, but the APC Relocation act prevents this.

Several months ago I read your discussion regarding Clements v. Clements, where apparently the McClendon act trumped the Relocation act. I called my lawyer to discuss this and he said while, yes, this is true, he preferred that I wait until after the first of the year for several other decisions. I believe he said he wanted me to wait so we wouldn't have to battle, just wait until the Relocation act was completely defeated.

Is this one of the cases he was speaking of? (Hambright v. Hambright)

Could you possibly elaborate on Hambright v. Hambright in laymans terms?

Also, great idea this "Virtual Visitation"!

Thanks for being such a valuable source of information!

(apologies for the double post - I didn't realize I was in the general discussions area!)

(okay, far more apologies for the TRIPLE post! And to think, I'm supposed to be a computer nerd...)

[Lee Borden]

Perhaps the reason you're finding no guidance from Hambright about the relocation statute is that there's no guidance there about it. That was the point of my saying in the opening paragraph that the case turned out to be not about the relocation statute at all - just about setting aside a default.

I'm aware of no groundswell of sentiment to repeal the relocation statute, either legislatively or judicially. So if you're waiting on that to announce your intention to move, I don't know of any reason to keep waiting.

So it may be time for you to visit again with your attorney and put a strategy together. You may find that if you approach it in the right way, and if you do everything possible to avoid painting Dad into a corner, you may be able to keep things cooperative. I don't know - it's a thought.

[EvilKirk]

I am Dad! 

Thanks so much for your reply. I've been under, apparently, the false impression a particular judge in B'ham court was looking to find the Relocation Act unconstitutional under Alabama law. I do not believe this was my lawyers fault, just merely my own misunderstanding. That's what I've been hoping for since the divorce.

I figured the relocation act was an attempt to protect noncustodial fathers from custodial mothers (the norm) who move children out of their reach. While I can appreciate the sentiment, it's bitten me in the posterior.

I do intend to try and work it out amicably, but I fear that will not be possible. I was hoping to remove the relocation act from her arsenal should she refuse to allow me to move.

Thanks again for this forum and your information!

[anniewalker]

    I'm just giggling over the preconceived notion we have about mom's being CP's!!!   
Hope your day in court comes soon and everything goes well for you and your child.

Annie

[Lee Borden]

Yup. You caught me!

Somebody's always talking about challenging the constitutionality of the relocation statute, but I'm not aware of any particular case that's pending. I'm not saying there isn't one, just that I'm not aware of it.