My child and I are currently in Alabama. My husband deceased. The paternal grandparent is an abusive and controlling individual. I don't want too much his involvement in our life. He threatens to have a visitation case against us. The grandparent is in another state.
I wonder if he files a case in AL, can we move out of AL when the case is pending?
If he is awarded the visitation rights in AL, can we move afterwards? If we move to Florida, would the visitation rights be automatically transferred to FL, or can I appeal to the Florida court to revoke it?
Family Law Attorney
Why would he have visitation rights at all? Your husband is deceased, so you have an intact family. If there is no court involvement, such as child protective services, there should be no reason for him to have visitation rights. In Florida, he would have no rights in this scenario, as it is unconstitutional under Florida law. It appears that the Alabama supreme court recently declined to decide the issue. So if he filed a case in Alabama, he might have an uphill battle, but you would need an attorney. See link. http://www.csmonitor.com/USA/Justice/2012/0221/Do-grandparents-get-visitation-rights-Supreme-Court-declines-case
If you move to Florida, after six months residence, Florida will have jurisdiction over your child, and then Florida law would apply. If he files before you move, you may not be able to move, that would depend on what the court said. If you move, and he files before the six months passes, it will be messy. If he were awarded visitation rights in AL, you would have to see what the order said before anyone could make any determination about how it would affect anything.
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