Can a Parent Move Away with the Kids? Understanding Alabama's Parental Relocation Law

By Ryan & Rouse | Family Law Attorneys | 256-801-1000

What happens when a parent wants to move — but there’s a custody order in place?

Whether it’s for a new job, remarriage, or to be closer to extended family, relocation cases are some of the most contested in Alabama family court. At Ryan & Rouse, we help parents navigate the complex laws that apply when one party wants to move a child away from their current home.

Here’s what you need to know.

Alabama’s Parental Relocation Statute

Under Alabama law, a parent who wants to move more than 60 miles away (or out of state) must comply with Section 30-3-165 of the Alabama Code — commonly known as the Parent-Child Relationship Protection Act.

This law requires the relocating parent to:

• Give the other parent at least 45 days’ written notice before the move
• Include detailed information such as the new address, phone number, reason for the move, and proposed revised visitation schedule
• Send the notice by certified mail

Failure to follow these steps can result in serious consequences, including a denial of the relocation request or a modification of custody.

Can the Other Parent Object?

Yes. The non-relocating parent has the right to object in court. They typically must file their objection within 30 days of receiving the notice.

At that point, the court will hold a hearing to determine whether the relocation should be allowed — and whether custody should be modified.

How Do Courts Decide?

The court’s job is to determine whether the relocation is in the best interest of the child. It will consider factors such as:

• The reason for the move (e.g., better job, safety concerns, remarriage)
• The impact on the child’s relationship with the non-relocating parent
• The child’s age and ties to the current community
• Whether there is a pattern of one parent trying to interfere with the other’s visitation
• The feasibility of maintaining a meaningful relationship with the other parent post-move

The burden of proof is generally on the relocating parent to show that the move serves the child’s well-being — not just their own convenience.

What If You Want to Stop a Relocation?

If you believe the other parent’s move would harm your child’s stability or cut off your relationship, you must act quickly. At Ryan & Rouse, we file emergency motions to prevent unlawful relocations and represent parents in relocation hearings across North Alabama.

What If You Want to Move?

We can help you prepare a legally compliant relocation notice, gather the evidence you’ll need to show that the move is in the child’s best interest, and advocate for a visitation plan that preserves your child’s relationship with both parents.

📞 Call Ryan & Rouse at (256) 801-1000 if you are considering a move or if your co-parent has notified you of a relocation. We’ll fight to protect your rights and your relationship with your child.