After divorce or separation with children, life changes may lead a parent to consider relocating to another area. However, a parent cannot simply move out of the area when a custody order is in place and expect to bring the children with them. Regardless of your custody arrangement, moving out of the area requires you to follow certain rules beforehand. If you plan to move, you must provide notice to the court in your jurisdiction and to your co-parent. This is true even if you do not have primary custody.
Our Indianapolis relocation lawyer at Eskew Law could help you understand your legal rights and options if you or your co-parent plans to move. Relocation may affect how parents raise their children together and may also affect the children themselves. Our child custody attorneys could explain the process and legal requirements.
Even after divorce or separation, parents with children may remain in the same area. Their children likely have a school district, local community, and friendships they are familiar and comfortable with. Moving out of the area can be difficult, whether it means uprooting the children or moving away from them. Nevertheless, relocation can be necessary at times. Common reasons for relocating include:
These and other circumstances could provide valid reasons for relocating when you share children with an ex-partner. Our relocation attorneys in Indianapolis could help you understand the legal requirements.
State law sets a statutory notice procedure for relocation. Under Indiana Code § 31-17-2.2-1, a parent seeking to move must file a notice of intent to relocate with the court and serve notice on the non-relocating parent. The non-relocating parent will have an opportunity to respond and, if applicable, file a formal objection with the court and request a hearing. The statute specifies information that the notice must include, such as where the parent plans to move. Parents must follow this procedure regardless of whether a divorce is final or the case is still pending.
Generally, state law requires a relocating parent to file the notice of intent unless their move will be less than 20 miles from the non-relocating parent’s residence and will not impact a child’s current school enrollment. Courts may modify an existing custody order to allow relocation but will consider factors such as:
Whether you are the parent seeking to move or the parent opposing the move, relocation with children involves several key requirements, and a judge may hold a hearing to examine the previously mentioned factors and other considerations to determine what is in the child’s best interests. If you are seeking or opposing a move with your child, our attorneys in Indianapolis could help you understand your legal rights and protect your interests.
Relocation when a custody order is in place can be difficult, as you must follow a particular legal process. You do not want to handle this process on your own without skilled legal help. Our Indianapolis relocation lawyer could review your options and help advocate for your move or contest a requested move by your co-parent, depending on your family’s circumstances. Call us today to schedule a consultation.
Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
