Relocation Notice

NOTICE OF INTENT TO RELOCATE

Table of Contents

1. Case Caption and Notice Header
2. Distance Threshold and Applicability
3. Required Notice Period
4. Required Contents Per Statute
5. Proposed Modified Custody and Visitation Schedule
6. Good Faith Statement
7. Objection Rights and Timeline
8. Certificate of Service
9. State-Specific Notes

1. Case Caption and Notice Header

IN THE [________________________________] COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

NOTICE OF INTENT TO RELOCATE PURSUANT TO ALA. CODE § 30-3-160 ET SEQ.

TO: [NON-RELOCATING PARENT NAME], [ADDRESS], [CITY], [STATE] [ZIP]

YOU ARE HEREBY NOTIFIED that the undersigned parent intends to relocate the principal residence of the above-named minor child(ren) as set forth below, in accordance with the Alabama Parent-Child Relationship Protection Act.

2. Distance Threshold and Applicability

Current Residence of Child(ren): [________________________________]

Current Residence of Non-Relocating Parent: [________________________________]

Proposed New Residence: [________________________________]

Approximate Distance from Non-Relocating Parent's Residence to Proposed New Residence: [____] miles

☐ The proposed relocation is more than 60 miles from the non-relocating parent's residence.
☐ The proposed relocation is to a different state.
☐ The proposed relocation is for a period of 45 days or more.

3. Required Notice Period

WARNING TO NON-RELOCATING PARENT: You must file an objection within 30 days of receiving this notice or the relocation will be permitted without further court order. See Section 7 below.

4. Required Contents Per Statute

Pursuant to Ala. Code § 30-3-163, the following information is provided:

(a) New Address and Contact Information

(b) New School Information

(c) Date of Intended Move

The intended date of relocation is: [__/__/____]

(d) Reasons for Relocation

The relocating parent seeks to relocate for the following reason(s):

[________________________________]
[________________________________]
[________________________________]

(e) Proposed Revised Custody and Visitation Schedule

See Section 5 below.

5. Proposed Modified Custody and Visitation Schedule

The relocating parent proposes the following modified custody and visitation schedule:

Regular Visitation:
[________________________________]
[________________________________]

Holiday Schedule:
[________________________________]
[________________________________]

Summer/Extended Visitation:
[________________________________]
[________________________________]

Transportation Arrangements:
[________________________________]
[________________________________]

Communication Schedule (Phone/Video):
[________________________________]
[________________________________]

6. Good Faith Statement

I, [RELOCATING PARENT NAME], hereby affirm and declare that:

☐ This relocation is sought in good faith and for a legitimate purpose.
☐ The relocation is not primarily motivated by a desire to interfere with the non-relocating parent's custody or visitation rights.
☐ I have made a good faith effort to propose a revised custody and visitation schedule that preserves the non-relocating parent's relationship with the child(ren).
☐ The information provided in this notice is true and accurate to the best of my knowledge.

7. Objection Rights and Timeline

IMPORTANT NOTICE TO NON-RELOCATING PARENT:

Pursuant to Ala. Code § 30-3-169.4:

1. You have 30 days from the date you receive this notice to file an objection to the proposed relocation with the court.
2. Your objection must be filed with the Clerk of the [________________________________] Court of [________________________________] County, Alabama.
3. If you do not file a timely objection within 30 days, the relocation will be permitted without further order of the court.
4. If you file a timely objection, a hearing will be scheduled, and the court will determine whether the relocation is in the best interests of the child(ren).
5. Until the court rules on the objection, the child(ren) shall not be relocated unless the court grants temporary permission.

8. Certificate of Service

I, [RELOCATING PARENT NAME], hereby certify that on [__/__/____], I served a true and correct copy of this Notice of Intent to Relocate upon:

[NON-RELOCATING PARENT NAME]
[ADDRESS]
[CITY, STATE ZIP]

by the following method:

☐ Certified Mail, Return Receipt Requested — Tracking No. [________________________________]
☐ Personal Service by [________________________________]
☐ Other method as ordered by the Court: [________________________________]

______________________________________
Signature of Relocating Parent

______________________________________
Printed Name

______________________________________
Date

9. State-Specific Notes

Burden of Proof

Under the Alabama Parent-Child Relationship Protection Act, if the non-relocating parent files a timely objection, the relocating parent bears the burden of proving that the relocation is in the best interests of the child by a preponderance of the evidence.

Best Interest Factors (Ala. Code § 30-3-169.3)

The court shall consider the following factors:

• The nature, quality, extent of involvement, and duration of the child's relationship with each parent
• The age and developmental needs of the child
• The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements
• The child's preference, taking into account the age and maturity of the child
• Whether there is an established pattern of the relocating parent promoting or thwarting the non-relocating parent's relationship with the child
• Whether the relocation will enhance the general quality of life for both the relocating parent and the child
• The reasons each parent gives for seeking or opposing the relocation
• Any history of domestic violence or substance abuse

Additional Requirements

• Notice must be sent via certified mail, return receipt requested (Ala. Code § 30-3-162).
• If the relocating parent's address is protected under a domestic violence protection order, the relocating parent may request the court to seal the address information.
• Failure to provide proper notice may result in sanctions, including contempt of court and modification of custody.

This template is based on the Alabama Parent-Child Relationship Protection Act (Ala. Code § 30-3-160 et seq.) as of the last updated date. Laws are subject to change. Consult a licensed Alabama family law attorney for advice specific to your situation.