(a) A person entitled to custody of or visitation with a child may commence a proceeding objecting to a proposed change of the principal residence of a child and seek a temporary or permanent order to prevent the relocation.
(b) A non-parent entitled to visitation with a child may commence a proceeding to obtain a revised schedule of visitation, but may not object to the proposed change of principal residence of a child or seek a temporary or permanent order to prevent the change.
(c) A proceeding filed under this section must be filed within 30 days of receipt of notice of a proposed change of principal residence of a child, except that the court may extend or waive the time for commencing such action upon a showing of good cause, excusable neglect, or that the notice required by subsection (b) of Section 30-3-165 is defective or insufficient upon which to base an action under this article.
(d) Except as otherwise specifically provided in this article, the Alabama Rules of Civil Procedure shall apply to all proceedings under this article.
(Act 2003-364, p. 1017, §11.)
Notes of Decisions
Cited in
5
cases, 2006–2011 · leading case:
Toler v. Toler, 947 So. 2d 416 (Ala. Civ. App. 2006).
Toler v. Toler, 947 So. 2d 416 (Ala. Civ. App. 2006).
· cites it 2× “" In her emergency motion, the mother alleged that she had complied with all of the notice *418 requirements found in Ala.Code 1975, § 30-3-169.1, and that her husband had "received a new employment opportunity which requires a change of residence and would allow the [mother] to…”
Meadows v. Meadows, 3 So. 3d 221 (Ala. Civ. App. 2008).
· cites it 2× “3 lists numerous factors for a trial court to consider when a custody determination is warranted under circumstances involving the possible change of the principal residence of a child, be it in a proceeding brought to challenge a proposed relocation, § 30-3-169.1, or in a…”
Ex Parte C.E. (In Re: T.C. v. C.E.)., 91 So. 3d 687 (Ala. 2011).
· cites it 3× “) See also Ala.Code 1975, § 30-3-169.1(a) (“A person entitled to custody of or visitation with a child may commence a proceeding objecting to a proposed change of the principal residence of a child and seek a temporary or permanent order to prevent the relocation.”
T.C. v. C.E., 91 So. 3d 684 (Ala. Civ. App. 2011).
· cites it 3× “To like effect is § 30-3-169.1(a), which provides that “[a] person entitled to .”
Pepper v. Pepper, 65 So. 3d 421 (Ala. Civ. App. 2010).
“On December 11, 2008, the father filed a petition to modify custody and a petition opposing the relocation of the principal residence of the children, pursuant to § 30-3-169.1, Ala.Code 1975, a part of the Alabama Parent-Child Relationship Protection Act, codified at § 30-3-160…”
Ala. Code § 30-3-169.1(a): 2 cases
Ex Parte C.E. (In Re: T.C. v. C.E.)., 91 So. 3d 687 (Ala. 2011).
“) See also Ala.Code 1975, § 30-3-169.1(a) (“A person entitled to custody of or visitation with a child may commence a proceeding objecting to a proposed change of the principal residence of a child and seek a temporary or permanent order to prevent the relocation.”
T.C. v. C.E., 91 So. 3d 684 (Ala. Civ. App. 2011).
“To like effect is § 30-3-169.1(a), which provides that “[a] person entitled to .”
Ala. Code § 30-3-169.1(c): 2 cases
Ex Parte C.E. (In Re: T.C. v. C.E.)., 91 So. 3d 687 (Ala. 2011).
“) See also Ala.Code 1975, § 30-3-169.1(a) (“A person entitled to custody of or visitation with a child may commence a proceeding objecting to a proposed change of the principal residence of a child and seek a temporary or permanent order to prevent the relocation.”
T.C. v. C.E., 91 So. 3d 684 (Ala. Civ. App. 2011).
“To like effect is § 30-3-169.1(a), which provides that “[a] person entitled to .”
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