Can I Move?
If you are going through a divorce in Indiana or if you are already divorced, you may be wondering whether you can move with your children to another state. Alternatively, you may be faced with a situation where your child’s other parent wants to move your children out-of-state.
When one parent wants to move to a different state, it affects everyone involved – the parent who wants to relocate, the parent who remains in Indiana, and most importantly, the children. We are here to help you through this difficult situation.
Generally, once a divorce is filed, if you want to move with your child to another state, the child’s other parent must agree, or the court must approve it.
When making such decisions, the court will consider what is in the best interests of the child. The court will look at many different factors, but the first criteria is whether you have a legitimate reason to move. Perhaps you have a job in another state. Perhaps you are going to college or grad school in another state. Perhaps you have family in another state. Perhaps you are engaged to someone in another state.
Once you establish that you have a legitimate reason to move, the court will consider whether it is in the child’s best interest to move to another state.
Some of the factors the court may consider are:
- The distance between the parents’ homes
- The cost of travel and the hardship of the relocation on the non-relocating parent
- How the move will affect the child’s relationships with the child’s other parent, extended family, school, community activities, and friends
- Whether the re-locating parent encourages the non-relocating parent’s relationship with the child
- Whether there a history of domestic or family violence
- Whether the child has any special medical needs that may affect the situation.
There are a multitude of factors that may be considered, and the decisions of the courts are very fact sensitive, making it difficult to accurately predict what a court will decide.
Given the complexity of the situation and the uncertainty regarding the ultimate outcome, it may be a wise to work out an agreement with the other parent. An agreement, while perhaps not always ideal, eliminates the need to go to court and gives the parents the power to make the best decision for themselves and their children. An agreement could provide that the child lives with one parent Monday through Friday and lives with the other parent on the weekends, holidays, and summer. Such an arrangement, while not ideal, does result in an approximate 50/50 division of parenting time.
Addressing relocation to another state is one of the most challenging situations when parents are divorcing or are divorced. With that said, we can help you navigate this.
If you want to move or your child’s other parent wants to move, you need the advice and assistance of an experienced Indianapolis Child Custody and Parenting Time Lawyer, call us today at (317) 969-8000.
When Is a Notice of Relocation Required in Indiana?
If you want to move and you have minor children, Indiana requires that you inform the Court and the other parent of your updated address. Also, Indiana requires that you file a Notice of Intent to Relocate, unless:
- The move allows the child to remain in the same school district and it decreases the distance between the parent’s homes; or
- The move allows the child to remain in the same school district and it does not increase the distance between the parent’s homes by more than 20 miles.
If a Notice of Intent to Relocate is required, notice must be sent by certified mail at least 30 days before the intended move or 14 days after you become aware of the need to move, whichever is sooner.
The Notice must include specific information:
- The new address
- The parent’s phone number
- The date of the move
- The reasons for the move
- Any proposed changes to the current parenting time schedule
- Notification to the other parent that they have 20 days to file an objection
- Notification to the other parent that they may file a petition requesting an order to prevent the temporary or permanent relocation of a child
- Notification to the other parent that they may file a petition to modify a custody, parenting time, or child support; and
- Notification to the other parent that all orders for custody, parenting time, and child support will remain in effect until modified by the court.
Should you intend to move, we can help you comply with the legal requirements to do so.
Filing an Objection to a Notice of Intent to Relocate
If a non-relocating parent receives a Notice of Relocation, the non-relocating parent has only 20 days to file an objection to the relocation and to file a petition to modify custody and parenting time secondary to the intended relocation.
If an objection is filed, the court is then required to schedule a hearing on the relocation and the petition to modify custody and parenting time.
If you receive a Notice of Relocation from your child’s other parent, we can help you respond no later than 90 days before the date of the intended move.
Looking for an Attorney Who’s on Your Side?
If you are a parent facing any type of custody or parenting time issues, you will want to seek the guidance of an experienced child custody and parenting time attorney to protect yourself and your family. At Emerson Divorce and Accident Injury Attorneys, L.L.C., our compassionate team will help you through this difficult period. We know how difficult custody and parenting time cases can be – that’s why we are available to take your call 24 hours a day at (317) 969-8000. We’re here to help.
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We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible.(317) 969-8000
What Our Clients Say
Very professional and knowledgeable, and fighter when needed.”
- Tyler Height, Emerson Law Client
JR is a problem solver, he works well with people and is very comfortable in court. My ex and I are decent friends and JR made this a very easy thing for us. I hope you the same! Glad I chose JR, couldn't have imagined this going any smoother than this!”
- Amanda, Emerson Law Client