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Relocating children-Part Deux, in Mobile, AL

mycasewebsites2 • June 11, 2015

I recently published some advice on what to do if you are the custodial parent and you want to change the principal residence of your minor child. This begs the question, “What if you are the non-custodial parent and you receive notice of a proposed change?”

The folks in Montgomery have given us the Alabama Parent-Child Relationship Protection Act, which gives pretty extensive rights to non-custodial parents when the custodial parent wants to move a child more than sixty miles from the visiting parent’s residence.

If the custodial parent meets the initial notice requirements under the Act, the visiting parent still has the right to file an objection the proposed move. The visiting parent has the right to a hearing in front of a judge at which the custodial parent has the initial burden to prove that the move is in the child’s best interests.

This is significant because Alabama Law presumes that moving a child more than 60 miles away from the visiting parent is not in the best interests of the child. You, as the visiting parent, have nothing to prove, unless and until the custodial parent meets this inital burden. It’s not enough for the custodial parent to come in and say they found a job making more money. The caselaw is very clear that the benefits of the move have to enure to the child, not the parent.

The law focuses on keeping a child’s world intact and preventing any “uprooting.” Taking children away from their family, school, church, etc., can’t be justified by more income. Courts are charged with protecting children from the whims of adults who might simply be trying to diminish the bonds of the parental relationship with the visiting parent.

I know you are asking yourself, “So what?” Well, if the Court finds that the move is not in the child’s best interests and the custodial parent insists on moving, they’ll be moving without the child, because you’ll now be the custodial parent.

If you are a non-custodial parent with visitation rights and you receive notice of a propose move to which you do not consent, you must take action to stop the move. Otherwise, you will be deemed to have consented. Call me at (251)445-0891, or email me at ron@mcbaylaw.com. Together, we’ll protect your relationship with your children!

Love is a Battlefield-VA Disability Payments in Divorce

By mycasewebsites2 • August 29, 2018
Mobile, Alabama has its fair share of military service members, veterans, and retirees. Sometimes, those folks get divorced. When they do, the military spouse’s military retirement is subject to equitable division by the Court. Either the parties agree on the division of military retirement or the Court divides it. In any event, the non-military spouse […] The post Love is a Battlefield-VA Disability Payments in Divorce appeared first on The Law Offices of Teague and McBay.

Making Up Is Hard to Do

By mycasewebsites2 • April 24, 2018
Thankfully, I’ve recently had a spate of couples who have decided to try and make their marriages work after filing a divorce. In a couple of instances, even after a great deal of fighting and legal wrangling, I’ve had clients lay down their swords and engage in reconciliation. I love it when that happens. In […] The post Making Up Is Hard to Do appeared first on The Law Offices of Teague and McBay.

What’s Different about McBay Law?

By mycasewebsites2 • September 5, 2017
I grew up watching Sesame Street. I loved Oscar and the Cookie Monster. One of my favorite regular skits was the “One of These Things is Not Like the Other.” I loved picking out the thing that was different. Of course, there were only ever four “things,” so choosing what was different was relatively easy. […] The post What’s Different about McBay Law? appeared first on The Law Offices of Teague and McBay.

Free Milk and a Cow: Common Law Marriage

By mycasewebsites2 • July 6, 2017
More than 30 years ago, the Georgia Satellites released a song about a marriage ultimatum: “Keep Your Hands to Yourself.” The lyrics document the struggle between the singer and his lover over the terms of their relationship. We don’t know how that story ends; whether the couple married or split up. The song came to […] The post Free Milk and a Cow: Common Law Marriage appeared first on The Law Offices of Teague and McBay.

Step-Parents and Custody Fights

By mycasewebsites2 • June 6, 2017
For those of you reading my blog for the first time, I am a divorce and family law attorney who is divorced, has children, has remarried, and has another child in my current, and final marriage. Confused? Don’t be. I often write from the perspective of a Dad who has children for whom I have […] The post Step-Parents and Custody Fights appeared first on The Law Offices of Teague and McBay.

Testimony in Divorce Cases: Don’t Monologue

By mycasewebsites2 • March 30, 2017
If you have children, you’ve probably seen The Incredibles. I’ve seen it a MILLION times. One of my favorite scenes is the one in which Syndrome, who has Mr. Incredible in a seemingly inescapable situation, realizes that he is monologuing. Of course, monologuing is a common theme in all sorts of hero/villain movies. The hero is […] The post Testimony in Divorce Cases: Don’t Monologue appeared first on The Law Offices of Teague and McBay.

Common Law Marriage Requires Regular Divorce

By mycasewebsites2 • March 22, 2017
Recent Events in Divorce and Family Law If you live in Alabama, you may know someone who has a common-law husband or wife. While only a few states recognize marriages with the absence of an official license, Alabama is no longer one of them. Before January 1, 2017, you could have avoided the ceremony, the […] The post Common Law Marriage Requires Regular Divorce appeared first on The Law Offices of Teague and McBay.

Waiting for the End of Time: Divorce in Mobile, Alabama

By mycasewebsites2 • December 30, 2016
As a child of the seventies and eighties, I have vivid memories of hearing “Paradise by the Dashboard Light” as performed by Meatloaf on the radio. Of course, early on, I had no frame of reference for the story told in song about the heat of passion and the consequences. For those of you who’ve […] The post Waiting for the End of Time: Divorce in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.

The Effects of Cohabitation on Alimony in Alabama

By mycasewebsites2 • November 2, 2016
If you are paying or receiving alimony as part of a Divorce Order in Alabama, this one is for you. Under Alabama Law, the obligation to pay periodic alimony terminates upon the receiving party’s “cohabitation” with a member of the opposite sex. So, what does that mean? Under the case law, cohabitation is that thing […] The post The Effects of Cohabitation on Alimony in Alabama appeared first on The Law Offices of Teague and McBay.

If it can happen to Brad Pitt, it can happen to you.

By mycasewebsites2 • September 29, 2016
Unless you’ve been living under a rock, you’ve probably heard about what a mean son-of-a-bitch Brad Pitt is and that Angelina Jolie just can’t take it anymore. Multiple media outlets were eager to scoop Angelina’s side of the story about his anger management issues and how he’s a danger to the children. Lucky for Brad, […] The post If it can happen to Brad Pitt, it can happen to you. appeared first on The Law Offices of Teague and McBay.
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