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? … Continue reading “Alabama Relocation – Sample Notice”

Alabama Relocation Statute

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”

Applying the Alabama Relocation Statutory Presumption To an Initial Determination of Child Custody

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”

Alabama Relocation – When To Give 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”

Ruling on Alabama Relocation Statute

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 Divorce FAQs – Parenting

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 You can click here to read about me or here to read about my law … Continue reading “Alabama Divorce FAQs – Parenting”

Significant Alimony After a Six-Year Marriage in Alabama

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”

Relocation Statute Presumption with Joint Custody

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”

Relocation Statute Presumption

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”

Default Judgement and Relocation

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”