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The Rules of Relocating

The Rules of Relocating

What You Need to Do Before Moving Day

You found the perfect place. Sat for hours with your eyes glued to the computer screen researching cities and states and climates. You narrowed it all down, weighed the pros and cons, and decided: you’re going to move.

However, if you are or have been involved in a dissolution case regarding custody or a paternity case, you’ll have to add a few extra tasks to your list of things to do before the big move.

Indiana Code 31.17.22 requires that a parent who is moving must file a Notice of Intent to Relocate with the court at least 90 days prior. You must also send this notice via certified or registered mail to the other parent and any person with visitation or custody rights 90 days before you plan to move.

This statute applies whether you are the custodial or noncustodial parent. Failure to comply won’t stop you from moving, but it does give the courts the right to prevent your children from going with you, so it’s an important step to remember.

If you’re the noncustodial parent, don’t panic. Before your ex relocates with your children, the court must first decide whether the move is in good faith and for a legitimate reason. Then they analyze whether it’s in the children’s best interests.

If you are the parent who isn’t moving, and you don’t agree with your children relocating, you have 60 days from the time you receive notice from your ex to file an objection with the court. This is especially important if you are also not the custodial parent; if your objection isn’t in on time, your ex has the right to move with your children despite your concerns or protests.

Once the court receives an objection, it can place a temporary hold or permanent order preventing the relocating parent from taking the children. At this time, reviews of custody, parenting time, child support, and visitation will take place, and if necessary, the court may modify these rulings.

If you are worried about your children moving away, or not being able to move with your children, contact Abigayle Hensley at 765-742-9066.

The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.

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