(a) Except as provided otherwise by this chapter, the provisions of this article apply to all orders determining custody of or visitation with a child whether such order was issued before or after September 1, 2003. To the extent that a provision of this article conflicts with an existing order determining custody of or visitation with a child or other enforceable agreement, this article does not apply to alter or amend the terms of such order or agreement which addresses the rights of the parties or the child with regard to a change in the primary residence of a child. Any person entitled to the legal or physical custody of or visitation with a child may commence an action for modification to incorporate the provisions of this article into an existing order determining the custody of or visitation with a child. Except as provided in subsection (c) of Section 30-3-165, this article shall not apply to a person who is on active military service in the Armed Forces of the United States of America and is being transferred or relocated pursuant to a non-voluntary order from the government.
(b) Sections 30-3-169.1 to 30-3-169.7, inclusive, shall not apply to a change of principal residence of a child to a residence which is 60 miles or less from the residence of a non-relocating parent who is entitled to custody of or visitation with the child or if the change or proposed change results in the child residing nearer to the non-relocating parent than before the change or proposed change, unless such change in the principal residence of a child results in the child living in a different state.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Chapter 3 - Child Custody and Support.
Article 7A - Alabama Parent-Child Relationship Protection Act.
Section 30-3-160 - Short Title.
Section 30-3-161 - Definitions.
Section 30-3-162 - Applicability.
Section 30-3-163 - Change of Principal Residence - Child.
Section 30-3-164 - Change of Principal Residence - Custodial Party, Persons With Visitation Rights.
Section 30-3-166 - Language Required in Child Custody Determination.
Section 30-3-167 - Disclosure Exceptions.
Section 30-3-168 - Failure to Give Notice.
Section 30-3-169 - Objection to Change of Principal Residence.
Section 30-3-169.1 - Proceedings.
Section 30-3-169.2 - Court Order.
Section 30-3-169.3 - Change of Custody.
Section 30-3-169.4 - Burden of Proof.
Section 30-3-169.5 - Obstructions to Custody or Visitation.
Section 30-3-169.6 - Sanctions.
Section 30-3-169.7 - Change of Principal Residence Raised in Conjunction With Other Petition.
Section 30-3-169.8 - Award of Expenses.
Section 30-3-169.9 - Change of Principal Residence Outside State.