Experienced Indianapolis Family Law Attorney Helping Parents with Relocations
When you are a parent, you have certain rights and responsibilities that are dictated by Indiana law. Our Indianapolis relocation attorney understands that while parenting may be your top priority, other obligations in your life such as your job may require you to make certain adjustments or changes. One such adjustment may be relocation. Whether you are relocating because you must or simply desire to, you are required to follow certain procedures set forth by the law when you are not married to your child’s other parent. You cannot simply pack up and move. This procedure can be very confusing, especially for individuals without legal experience. In addition, they can be daunting and time-consuming. Hiring a skilled Indianapolis family law lawyer to handle your relocation or even to dispute the other parent’s relocation can help you ease the process.
Eskew Law LLC provides Indiana residents with compassionate and zealous legal representation on family law matters, including divorce, child custody, child support, and relocation. We can begin the relocation process by counseling you on the steps and filing your request with the other parent and court. We can also guide you through the process to facilitate the smoothest transition possible for your child. To discuss relocation with one of our Indianapolis relocation lawyers, call Eskew Law LLC at (317) 974-0177 today.
Indiana’s Intent to Relocate Statute
When you are a legal parent of a child but you are not married to the other parent, you are required by law to notify the court and the other parent if you intend to move. It doesn’t matter if the other parent has sole custody. You must file a notice of intent to relocate if you are party to a:
- Child support order
- Visitation order
- Custody order
At least 90 days before your move, you must notify the other parent. The notice must include:
- When you will be moving
- Why you are moving
- The address and phone number for your new home
- When you are able to or would like to have visitation or custody
- Disclaimers that the other parent can file an objection or motion to modify an existing order
Often times, parents cannot provide 90-days’ notice because they are informed that they must move immediately. If so, the law permits parents to file the notice within 10 days after learning they must move.
An objection to relocation asks for a restraining order. The objection does not stop the parent from moving but rather temporarily or permanently stops the child from accompanying the parent. If you are objecting, you should file before the move or within 60 days of receiving the notice, whichever comes first. For additional information, speak with a knowledgeable Indianapolis relocation attorney at Eskew Law LLC.
If someone objects, the court intervenes. The court will review the request, as well as the proposed visitation schedule. The moving parent must provide evidence that the move is for a valid purpose, and the other parent must provide evidence that the move contradicts the child’s best interest. The judge will then evaluate whether the relocation is actually in the child’s best interest. For example, will the move uproot the ties a child has formed with classmates or the community? Will the child be able to continue extracurriculars? Will the child’s basic needs be met? The judge will also consider hardship to the other parent with complying with visitation orders, the financial burden of visitation, the distance between both parents after the move, how reasonable or legitimate the reason for moving is, and whether the moving parent has a history of moving to dodge child support or visitation.
Contact an Indianapolis Relocation Attorney for a Consultation
If you are struggling with a parental relocation issue, Eskew Law LLC’s Indianapolis family law attorneys can assist. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule your initial consultation with an Indianapolis relocation lawyer, call Eskew Law LLC at (317) 974-0177 or contact us online.