Let me clarify my response to answer your first question:
Pursuant to Alabama relocation case law best interests of the child will be decided based upon a remarriage and the need for the custodial parent to move to be with her husband, or that their is a job that the sole custodial parent has in another state and needs to move to continue her employment. In your situation, I would file for a modification order of the existing visitation, for every other weekend, and limit any contact with his girlfriend. If the father fails to visit you file a contempt petition, and if he continues to violate the visitaiton order, or has his parents visits instead of him, that is contempt and his contempt of the order will be grounds to relocate and terminate his rights.
Alabama has a statute to address the relocation of one parent after divorce.
Under the statute a parent must notify the other parent before moving to a different state or to a location more than 60 miles from the other parent’s address, unless the move brings the children closer to the other parent.
The moving parent must use certified mail (FedEx presumably is not acceptable). The notice must occur at least 45 days before the move or within 10 days after learning of the move if later.
The notice must include the address and phone number of the new residence and of the new school the child or children will be attending, the date of the move, the specific reason(s) for the move, a proposal for revising custody and visitation, if any (although the statute offers no guidance about what the parties will do with this information), and a warning that the other parent must object to the move within 30 days or the move will be permitted.
If information is missing or unknown at the time of the notice, the parent must supply it as soon as it is available.
After the notice, the other parent has 30 days within which to object (longer upon a showing of good cause or excusable neglect). Upon objection, the court may delay the move until after a hearing.
At the hearing, the judge is to evaluate whether the move is in the best interest of the child, applying factors like the age and maturity of the child, alternative means of communication available, and how much the non-relocating parent has used visitation in the past.
Unless there has been a finding of domestic violence, the statute sets up a rebuttable presumption that a move is NOT in the best interest of the child. Once the relocating parent overcomes this presumption (presumably by showing benefits available to the child at the new residence that are not available now), the burden shifts to the non-relocating parent.
Second, the statute requires the CP in most cases to notify the NCP 45 days before moving (this has always been the courteous thing to do but has not been required before) and gives the NCP the right to demand a hearing about whether the move is in the best interest of the children.
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