Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Alabama, parental relocation is governed by the Alabama Parent-Child Relationship Protection Act. This law requires a parent who plans to move more than 60 miles from the other parent or out of state to provide notice to the other parent. The notice must be given at least 45 days before the planned move, or within 10 days of knowing about the move if the parent could not have reasonably known earlier and it is not reasonably possible to delay the move. The non-relocating parent can object to the move, and a hearing will be held to determine whether the relocation is in the best interest of the child. Factors considered include the reasons for the move, the relationship between the child and both parents, the impact on the child's relationship with the non-relocating parent, and the benefits of the move for the child's well-being. If the parents have a custody agreement or court order, it may include geographic restrictions that limit relocation. To modify these restrictions, the parent seeking to relocate must file a motion with the court, and the court will decide based on the child's best interests. The court will consider the reasons for the move, the other parent's failure to meet custody obligations, and the potential benefits to the child, among other factors.