Helping real people move through divorce
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? … Continue reading “Alabama Relocation – Sample Notice”
This is the text of the Alabama Relocation Statute, codified at Ala. Code § 30-3-160 et seq. It applies to all relocations of children occurring after September 1, 2003. Click here to read my description of how it works. 30-3-160. Short title This article shall be known and may be cited as the ” Alabama … Continue reading “Alabama Relocation Statute”
Alabama’s relocation act has moved the state to one end of the spectrum on forcing parents to stay close to each other. The Alabama Court of Civil Appeals has said you can’t go beyond it out of a desire to elevate substance over form.
The Alabama Parent Child Relationship Protection Act, Ala. Code §30-3-160 et seq., better known as the Relocation Act, places Alabama at one end of the spectrum when it comes to holding custodial parents (usually mothers) and children in place. It sets out a last of custody considerations in §30-3-169.3 that courts are to apply in … Continue reading “Applying the Alabama Relocation Statutory Presumption To an Initial Determination of Child Custody”
A couple of days ago we talked about when to give the notice required by the Alabama Relocation Act – the “Alabama Parent-Child Relationship Protection Act.” Today we’ll think through who must give the notice.
Alabama has succumbed more than any other to the Father’s Rights power complex, and it has the most restrictive relocation statute in the nation. How does its notice provision work? Let’s take a look. Today we’ll explore when to give the notice. Tomorrow we’ll think through who must give the notice and how to respond … Continue reading “Alabama Relocation – When To Give Notice”
The Alabama Court of Civil Appeals says that a court awarding child support to one parent from the other amounts to an award of custody to the recipient. Ruling in the case of T.B. v. C.D.L., Case No. 2031057 (Ala. Civ. App. April 8, 2005), unmarried parents were litigating where the child should live.
We have our first appellate case now interpreting the Alabama Parent Child Relationship Protection Act, and it permits the relocation to occur. In Clements v. Clements, Case No. 2030768 (Ala. Civ. App. February 11, 2005), the Appeals Court affirmed the judgment of the trial court in Autauga County. The trial court’s opinion hadn’t expressly said … Continue reading “Ruling on Alabama Relocation Statute”
Alabama law requires that I insert these paragraphs into every divorce decree involving children: Alabama law requires each party in this action who has either custody of or the right of visitation with a child to notify other parties who have custody of or the right of visitation with the child of any change in … Continue reading “Alabama Required Language on Relocation”
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This is the text of my newsletter article about the statute Alabama has passed dealing with cases where one of the parents wants to move away from the other parent and take the children. Click here to read the statute itself. The new Alabama statute Oops! Traps for the unwary Court Decisions The Alabama statute … Continue reading “Understanding Alabama’s Relocation Statute”
Child support is designed to be dynamic, to go up and down as Mom’s and Dad’s incomes change, as child care costs change, and as the cost of health insurance changes. If you and your divorced spouse continue to be reasonably cooperative after divorce, and if the child support needs to go up or down, … Continue reading “Joint Petition to Modify Your Divorce Decree in Alabama”
This is about custody and visitation after divorce in Alabama, including the effect on custody and visitation of misconduct of the parents, mental health of the parents, and the rights of grandparents in Alabama. This information is from me, Lee Borden, the webmaster here at Divorceinfo.com. You can click here to read about me or here to read about my law … Continue reading “Alabama Divorce FAQs – Parenting”
I’ve designed my law practice around uncontested divorce. I work to keep it simple, inexpensive, and yes, even relatively pleasant. Flat Rates My flat rates for uncontested divorce are the lowest I can find, $100 if you do not have minor children and $150 if you do. Nope, not a misprint. You can find out … Continue reading “Using Lee for Uncontested Divorce in Alabama”
Alabama’s relocation statute makes a rebuttable presumption that taking a child with you when you move is not in the child’s best interest. But the trial court has to give the relocating parent a chance to rebut the presumption.
There is an accepted truism, a myth, if you will, that Alabama courts don’t award alimony after a marriage of less than 10 years. From time to time, courts do award alimony after short-term marriages, usually in special circumstances, for example after one of the spouses has given the other a sexually-transmitted disease, or after … Continue reading “Significant Alimony After a Six-Year Marriage in Alabama”
Yesterday we reviewed the case of Toler v. Toler. In that case the Alabama Court of Civil Appeals balanced the McLendon rule of repose against the no-move presumption built into the relocation statute. The mother in Toler had sole physical custody. Today we deal with the flip side of that analysis, a case in which … Continue reading “Relocation Statute Presumption with Joint Custody”
The Alabama Court of Civil Appeals has made its strongest statement yet in defense of, and interpreting, the Alabama Parent Child Relationship Protection Act, commonly known as the relocation statute. Speaking in its Per Curiam (for the Court) opinion in Toler v. Toler, Case No. 2040757 (Ala. Civ. App. June 30, 2006), the appeals court … Continue reading “Relocation Statute Presumption”
When you hear the opening facts of Hambright v. Hambright, Case No. 2040837 (Ala. Civ. App. January 27, 2005), you anticipate a rollicking good case offering precious guidance on the Alabama relocation statute, the Alabama Parent-Child Relationship Protection Act. What the case delivers instead is an unremarkable revisiting of the guidelines for setting aside a … Continue reading “Default Judgement and Relocation”
Lawyers and judges in Alabama refer to the “McLendon doctrine” frequently. What is the McLendon doctrine, where did it come from, and why does it matter? Here’s a quick explanation.