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Can She Move Away with My Child? What the Alabama Relocation Act Says

  • Writer: Michael Capleone, Sr.
    Michael Capleone, Sr.
  • Jul 12
  • 5 min read

If you’re dealing with an ex who wants to relocate and take your child with her—without your consent—you’re not powerless. The Alabama Parent-Child Relationship Protection Act, also known as the Relocation Act, outlines exactly what rights you have.


Note: Don’t Give Up on Your Child—Even If Your Ex Makes It Hard

We know it’s exhausting. She won’t return your calls. She uses the child as leverage. She tells others lies about you, blocks visits, or changes plans at the last minute. At times, it may feel like walking away is the only way to protect your sanity. But here’s the truth: your child needs you—especially now. Even if your relationship with your ex-girlfriend is hostile or toxic, your role as a father doesn’t end. In fact, the emotional stability, safety, and love you offer your child may be the only real counterbalance to the chaos they’re growing up in. Don’t let her behavior define your bond with your child. The court system exists for a reason, and while it can be slow and frustrating, it does work—especially when you show consistency, calmness, and commitment. Your child may not understand what you’re doing today. They may not know how hard you’re fighting to see them. But one day, they will. And when they do, they’ll know that you never gave up on them.


Here’s what you can do:

  • Stay calm, stay consistent, and stay involved.

  • File for paternity and visitation if you haven’t already.

  • Use court-monitored apps and written records to protect yourself.

  • Be the safe, reliable parent—even if it feels like no one sees it yet.


Being a father isn’t about being perfect. It’s about showing up, no matter how hard it gets. If you’re struggling, don’t do this alone. Speak with an experienced family law attorney who understands how to navigate these emotional and legal obstacles. Your child is worth the fight—and so are you.


What Is the Alabama Relocation Act?

Under this law, a custodial parent must give at least 45 days’ written notice before moving more than 60 miles away or out of state. This applies even if there’s no custody order yet, as long as the other parent has established legal rights—including paternity. If paternity isn’t established, she could relocate without informing you.


Your Rights as the Noncustodial or Unmarried Father

If you’ve been legally recognized as the father, you can:

  • Object to the move

  • Request a hearing to block or modify custody

  • Seek primary custody if the relocation isn’t in the child’s best interest

You’ll need to act quickly and file objections in court within 30 days of receiving notice.


What Courts Look At

The court will evaluate:

  • Whether the move benefits the child

  • The child's relationship with both parents

  • The reason for the relocation

  • The impact on visitation and parenting time

If your ex is trying to move just to make visitation harder or to alienate the child, courts can deny the relocation or transfer custody to you.


Don’t Wait to Be Blindsided

Even if there’s no current court order, filing for paternity and custody now ensures you’re protected under the Act. The sooner you’re legally recognized, the more power you have to stop an unjust move.


You're not alone—and you're not powerless. These simple, but informative and powerful guides that are strategic, legal, and provide sharp emotional tools that work. These guides are inexpensive, give you valuable knowledge, and peace of mind in addressing the issue you’re facing at a fraction of what it would cost to receive this same information from an in-person consultation with a professional.    


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—Written by Michael L. Capleone, Esq. | Alabama Family Law Attorney | All rights reserved.


Visit the website to explore resources: https://attorneymlc2003.wixsite.com/website.


About Michael Capleone, Attorney at Law 

Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.

Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond. 

These guides are written in a brief and concise way to get you powerful and useful information that you can easily print off in a reasonable small number of pages. Each guide is a concentrated, no-fluff resource — around 4-5 pages packed with professional insight, legal strategy, and emotional survival tactics. They are designed to cover the real pain points people face in courtrooms and custody fights: defending yourself against false accusations, exposing manipulation without looking petty, protecting your financial future, and keeping your relationship with your children strong in the middle of conflict.

For less than the cost of a single attorney consultation, you get targeted strategies built from over 22+ years of real-world family law experience. These aren’t generic blog articles or cookie-cutter templates. Every guide is designed to give you immediate, actionable steps — the same strategies I teach my own clients — adapted for real people dealing with real, high-stakes problems.

If you're serious about defending your rights, protecting your children, and staying one step ahead of a manipulative ex, these guides aren't just helpful — they're essential. They will save you time, reduce your stress, and help you make smarter moves when everything is on the line.

Winning in court isn’t just about having evidence. It’s about understanding the psychology, the patterns, and the legal strategies that judges actually respond to. These guides put that power in your hands. If you’re ready to stop reacting and start taking control, you’re exactly where you need to be!

For more information on Michael Capleone’s legal services or to schedule a consultation. An experienced Hoover, Alabama family law attorney that guides clients through legal strategy, emotional challenges, relationship problems, legal matters and more to achieve the best positive outcomes. Note: Licensed in the State of Alabama only. 

This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this  blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.

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Attorney Michael Capleone



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