Alabama Family Rights Association

On behalf of the Alabama Family Rights Association, we offer this input for The Alabama Supreme Court's Advisory Committee on Access and Visitation. We strongly urge a proposed Assured Child Access rule which would prevent children from being removed from reasonable access to one of their parents. It should specifically contain the following provisions.

No child shall be removed from the area of the court of record unless:

The parent seeking to remove the child obtains a court order granting the parent the right to remove the child from the area (no ex parte).

The other parent should be notified within 60 days of intent to move the child away.

The parent seeking to remove the child shall file a petition with the court, stating why they feel their desire to move outweighs the rights of the other parent to be a parent and see their child or children on a regular basis. There should be a very specific list of criteria, which a judge would have to use to evaluate the need for the move, factoring heavily the loss of a parent and local friends and family by the children, and the loss of familiar surroundings.

The law should require the burden of proof for need to move to be upon the moving parent. Further, the court should weigh heavily the cooperative parenting behavior track record of the parent seeking to move away in deciding whether to let the children move away at all. In addition, this motion will include a distance parenting plan for evaluation as a part of the motion to move away.

Should such motion be granted by the court of record:

A revised long-distance access schedule shall be effective immediately, ensuring the parent remaining maintains his or her time with their children (as much as possible) through additional time in the summer, holidays, etc.

The court should require the parent moving away to incur whatever additional transport and telephone expenses might be incurred because of the move.

The law should impose felony criminal charges against any parent moving any child without an order specifically allowing it, as well as granting a motion for change of custody, should it be requested.

Basically the law should treat the parents equal, even if they do not have joint physical custody.

I believe the above changes in our divorce body of law would greatly minimize the trauma suffered by children and their parents when the custodial" parent wants to move for vengeful or frivolous reasons.

It also allows the court the flexibility to grant such a motion to move away, with appropriate safeguards to the rights of the children and the non-custodial" parent to have a meaningful relationship.

On behalf of several hundred thousand "non-custodial" parents, thank you.

Frank G. Hicks, President
Alabama Family Rights Association (AFRA)
P.O. Box 9239
Huntsville, AL 35812
1-800-992-1190

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