One common problem that can spark dispute in Indiana family law involves a custodial parent wants to relocate with the child.
Indiana law has specific requirements in place regarding a proposed relocation. First, a parent who is subject to a custody order and who plans to relocate must file notice with the clerk of the court where the custody and parenting time order was issued.
There are circumstances when this is not necessary. If, for example, there was a previous court order regarding the proposed relocation and it relieves them of the requirement, then they can move forward with the relocation. The relocation could in fact benefit the non-relocating parent as it reduces the distance they live apart. This would make it easier in terms of custody exchanges and parenting time. Relocating less than 20 miles from the previous residence would not require a court order.
However, a person can file a motion for a hearing to either let the parent relocate or to stop them from doing so. The custody and parenting time order might need to be modified to accommodate the new living arrangements.
The court looks at myriad factors, including how far apart the parents would live; if the move would create hardship on the parent who is not relocating; the likelihood of maintaining the current relationship between parent and child; how it would impact them financially; if the grandparents would be able to see the child; and if the relocation is an attempt to limit the contact between the non-relocating parent and the child.
Relocations can be complicated and help is crucial
In many instances, the relocation is being done for legitimate reasons, such as the person getting a better job or being near their biological family. In others, it is done for safety reasons. Still, some might want to be difficult and prevent or limit the other parent’s contact with the child.
It is essential for people from both perspectives to understand the law and know their rights. There are options available to address a proposed relocation and it is wise to have qualified help from experienced professionals.
