SYNOPSIS: HB95
Under existing law, after termination of a marriage, a parent with physical custody of a child who is relocating
is not required to provide the other parent with any notification of the proposed relocation.
This bill would require that a parent seeking to relocate with a child either out-of-state or further than 75 miles
from the other parent provide notice to the parent who is not relocating. This bill would also provide that the
parent who is not relocating may object to the proposed relocation by filing a petition with the court and, as
part of the petition, may request a change in custody.
This bill would specifically provide that a proposed relocation is to be deemed a material change in circumstances
sufficient to change custody of the child. This bill would also specifically provide that the parent who is relocating
bears the burden of proof to show that the relocation is in the best interests of the child.
This bill would also provide that if a court finds the relocation is in the best interests of the child, the custodial
parent may not interfere with any subsequent visitation order and the parent seeking relocation shall bear at least
one-half of any visitation transportation costs. Additionally, willful interference with the visitation order shall
be deemed to be contempt of court.
A BILL
TO BE ENTITLED
AN ACT
Relating to the custody of children; to require that a parent with physical custody of a child pursuant to a court
order who is seeking to relocate with the child out-of-state or more than 75 miles away from the other parent provide
the other parent with notice; to provide for procedures for the parent who is not relocating to prevent relocation
and allow a change in custody; to further provide that a proposed relocation may be deemed a material change in
circumstances; to provide further that the parent who is relocating has the burden of proof; to provide that a
court make written findings of fact and conclusions of law and, if a court finds relocation is in the best interests
of the child, to prohibit the custodial parent from interfering with a subsequent visitation order; to insure equitable
sharing of visitation transportation costs; and to provide that willful interference with visitation shall be deemed
to be contempt of court.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) A parent who has been awarded primary physical custody of a child shall provide not less than 45
days written notice to the other parent, if that parent has been awarded visitation with the child, of his or her
intent to do any of the following:
(1) Establish his or her legal residence with the child at any location outside the state.
(2) Establish his or her legal residence with the child at any location within the state that is a distance of
75 miles or more from the other parent.
(3) Remove the child from the state for more than 45 consecutive days or otherwise make the child unavailable for
court ordered visitation.
(b) The notice shall be sent to the other parent's last known address by registered or certified mail. The notice
shall contain the following information:
(1) A statement of intent to move.
(2) The location of the proposed new residence.
(3) The reasons for the proposed relocation.
(4) A statement that the other parent may file a petition in opposition to the move within 45 days of receipt of
the notice of intent to move.
(c) If the parents share physical custody equally, then either parent must comply with the requirements of this
section.
(d) No provision of this act shall apply to a party 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 military order.
Section 2. (a) If the parent who is not relocating objects to the proposed move and if the parents cannot agree
on a new visitation schedule, the parent who is not relocating may file a petition with the court objecting to
the relocation of the child. In the petition objecting to the relocation of the child, the parent who is not relocating
may request that custody be modified.
(b) The court shall set a hearing on the petition within 30 days of its filing with the court.
(c) Unless otherwise ordered by the court, the parent who is relocating may not relocate the child pending a final
order from the court on the petition filed by the other parent.
(d) The notification provisions of this act may be waived if the court determines that notification of relocation
poses an immediate and real threat of harm to the custodial parent or the child. The court shall make written findings
of fact and conclusions of law as to why the notification procedure is waived.
Section 3. (a) There shall be a rebuttable presumption that a proposed relocation of a child is a material change
in circumstances sufficient to allow a court to change custody.
(b) The parent who is relocating has the burden to prove that relocating the child promotes the best interests
of the child and will not unreasonably disrupt access to the other parent. The parent who is relocating must prove
all of the following by substantial evidence:
(1) The relocation has a reasonable purpose.
(2) That relocation of the child, without a change in custody, is in the best interests of the child.
(3) That the purpose of the relocation will not defeat or deter visitation rights of the parent who is not relocating.
(4) That the relocation would not pose a threat of harm to the child.
(c) The court shall make written findings of fact and law to support its decision to allow relocation of the child.
Section 4. If the court makes a finding that relocation is in the best interests of the child, the custodial parent
shall take no action that would interfere with or defeat any subsequent visitation order of the court. The court
shall order the relocating parent to bear at least one-half of the transportation costs incurred by court ordered
visitation. Willful interference with visitation granted pursuant to the order shall be deemed contempt of court.
Any person found in contempt of court under this provision shall be fined not less than one hundred dollars ($100)
and shall be ordered to pay the legal fees and other costs incurred by the prevailing party in the contempt action.
Section 5. This act shall become effective on the first day of the third month following its passage and approval
by the Governor, or its otherwise becoming law.
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