60 mile rule ... if other party moves

[TKO24]

What is the name of your state? Alabama

Evening all. I am aware that in Alabama, a non relocating parent can not object to a move of the child with the other parent if the new residence is closer to them or still within 60 miles.

If the child lives with the mother, and the father moves further than 60 miles away (mother and child in Birmingham, father currently within 60 miles but potentially moving to Mobile), what rights on relocation of the mother and child does the father now have?

Simplistically, it appears that the father could now dispute any move of any distance due to the fact it will result in the child living more than 60 miles from them, even though the child already did ... or they could dispute any relocation that was not closer to Mobile.

My questions are basic:

1. Is there a seperate law / part of the Code that deals with this?

2. Does the father forfeit any right to protest relocation if he moves further than 60 miles away if the mother does not protest this move?

For your information, I am a third party in this situation, the mother being my fiance. There is no great urgent situation here, but he has mentioned that he may move and I am just interested to know the ramifications of this.

Thanks.

 

[CJane]

Most often, in states that have specific mileage rules, once one parent leaves the restricted area, the other parent is more free (not completely free) to move.

HOWEVER, ANY move can usually be contested, particularly if it will interfere with visitation.

 

[LdiJ]

Most often, in states that have specific mileage rules, once one parent leaves the restricted area, the other parent is more free (not completely free) to move.

HOWEVER, ANY move can usually be contested, particularly if it will interfere with visitation.

I will add comments to this...if the ncp moves out of the restricted area, that really does give the cp more leeway to move....and makes it more difficult for the ncp to challenge a future cp move.

Birmingham to Mobile is a HUGE move. Its 3 1/2 to 4 hours and 260 miles. If the ncp wants to try to maintain every other weekend visitation the ncp is likely to end up being responsible for the transportation.

If every other weekend isn't maintained, then any move the cp wants to make, that would still allow the new schedule to be maintained is almost guaranteed to be approved.

 

[CJane]

I will add comments to this...if the ncp moves out of the restricted area, that really does give the cp more leeway to move....and makes it more difficult for the ncp to challenge a future cp move.

Birmingham to Mobile is a HUGE move. Its 3 1/2 to 4 hours and 260 miles. If the ncp wants to try to maintain every other weekend visitation the ncp is likely to end up being responsible for the transportation.

If every other weekend isn't maintained, then any move the cp wants to make, that would still allow the new schedule to be maintained is almost guaranteed to be approved.

Wow. I didn't feel like mapquesting it to see how far it really was...

 

[TKO24]

Thanks

CJane, LdiJ - thanks.

Nothing set in stone then, no set policy. See what happens if it ever becomes an issue I suppose.

 

[LdiJ]

Wow. I didn't feel like mapquesting it to see how far it really was...

I didn't have to....My sister lives in Gulf Shores AL and I live in Indiana...so I know the distance between major cities on the "route"...LOL.

 

[GrowUp!]

Simplistically, it appears that the father could now dispute any move of any distance due to the fact it will result in the child living more than 60 miles from them, even though the child already did ... or they could dispute any relocation that was not closer to Mobile.

2. Does the father forfeit any right to protest relocation if he moves further than 60 miles away if the mother does not protest this move?

I will also add to this as well...the CP will still have to follow the proper procedure on filing a notice of intent if she does plan to move with the child because she is the residential parent. Dad will still have the legal right to dispute the move, even if he has moved. Does not mean he'll be successful though...and even less of a chance if he voluntarily decreased his parenting time when he moved.

Since he is not the residential parent, he does not need to file a notice of intent -- unless the order has language that specifically states that. And keep in mind, if he does move and does not modify the transportation aspect of the order, you are not legally obligated to drive anymore than you are required now. In fact, I wouldn't because that could create a "status quo" scenario down the road.