Child Custody - LawCall

Child support cases can be extremely sensitive especially when the parties involved are not amicable when considering the children. Divorce is tough and can be harder on children. But what happens when mom and dad live in separate states? Which state’s child support laws are in play?

For instance, your divorce is filed in Alabama, but your spouse moves to Georgia. Does that mean you have to go through Georgia courts to collect what is owed your child?

The answer is, no, you don’t go through another state to collect child support. Wherever you got divorced is going to be the place where the judgement occurred.

So, if you divorced in Alabama and now your former spouse has moved to Georgia, you can still file in Alabama if you need to hold that person in contempt or if you need to modify the child support amount.

Another option you have when a parent moves across state lines is to contact your local department of human resources and they can actually take the case to the other state and have the delinquent parent held accountable.

What about when you have parents who divorce and one parent wants to take the child and move to another state – can they do that?

In Alabama we have what is called the Alabama Parent-Child Relationship Protection Act. That Act says that you cannot move more than 60 miles away from the other parent without giving a 45-day notice of intent to move.

The notice has to be sent by certified mail and it must outline several things:

  • Why you are moving
  • Why the move is in the child’s best interest
  • What the new visitation schedule will be

You also have to let them know that if they do not object to your move within 30 days, the move is going to be allowed.

It is very important when you receive such notice in the mail that you start counting the 30 days, and speak with your attorney as soon as is possible.

If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.

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