Ala. Code
Code of Alabama

Ala. Code § 30-3-169.7 (2026)

Change of Principal Residence Raised in Conjunction with Other Petition.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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If the issue of change of principal residence of a child is presented in a petition for divorce or dissolution of a marriage or other petition to determine custody of or visitation with a child, the court shall consider, among other evidence, the factors set forth in Sections 30-3-169.2 and 30-3-169.3 in making its initial determination.

(Act 2003-364, p. 1017, §17.)

Notes of Decisions
Cited in 7 cases, 2008–2018 · leading case: Lackey v. Lackey, 18 So. 3d 393 (Ala. Civ. App. 2009).
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Lackey v. Lackey, 18 So. 3d 393 (Ala. Civ. App. 2009). · cites it 10× “Thus, we conclude that § 30-3-169.7 does not require that the trial court apply § 30-3-169.”
Ladden v. Ladden, 49 So. 3d 702 (Ala. Civ. App. 2010). · cites it 9× “Based on this line of reasoning, the father argues that, pursuant to § 30-3-169.7, Ala.Code 1975, the trial court was required to consider the factors set forth in § 30-3-169.”
Meadows v. Meadows, 3 So. 3d 221 (Ala. Civ. App. 2008). · cites it 6× “§ 30-3-169.7. Thus, we must consider whether the territorial restriction imposed by the trial court in the present case serves the best interest of the child in order to determine whether that restriction is unconstitutional as applied to the mother.”
Anderson v. Anderson, 65 So. 3d 435 (Ala. Civ. App. 2010). · cites it 3× “See § 30-3-169.7, Ala.Code 1975 (which requires a trial court in a divorce proceeding to consider the factors set.”
Hubbard v. Hubbard, 257 So. 3d 300 (Ala. Civ. App. 2017). · cites it 4× “*307 In Lackey , the court explained that situations like the one at bar, where one parent wants to relocate with the children at the time of an initial custody determination incident to a divorce, are governed by § 30-3-169.7, Ala. Code 1975, also a part of the Act.”
Freebeck v. Freebeck, 258 So. 3d 1138 (Ala. Civ. App. 2018). · cites it 2× “Even if we did consider the husband's argument, however, there would be no basis for reversal because Ala. Code 1975, § 30-3-169.7, clearly provides: "If the issue of change of principal residence of a child is presented in a petition for divorce or dissolution of a marriage or…”
Tanner v. Tanner, 146 So. 3d 15 (Ala. Civ. App. 2013). · cites it 2× “Alabama Code 1975, § 30-3-169.7, provides as follows: “If the issue of change of principal residence of a child is presented in a petition for divorce or dissolution of a marriage or other petition to determine custody of or visitation with a child, the court shall consider,…”
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