Life doesn’t turn out the way you planned it. That is something separating or divorcing couples who have children learn the hard way. One of them may find better financial or personal opportunities in a new place, but that does not automatically mean they can just relocate with their kids because they want to. If you or your ex-spouse or partner want to relocate with your child, here’s what you need to know before doing so.
If you are the custodial parent and want to relocate with your child, you must send a notice of your intent to move within 90 days of your intended relocation date to the court. You should still discuss your relocation plans with your ex but are not required to send them a notice if any of the following apply to your case:
The other parent must respond to your notice within 60 days of receiving it if they want to object to the relocation. Take note that judges can’t lawfully stop you from relocating, but they can stop your child from moving if it’s not in the best interests of your child. If the other parent fails to file their motion to object to your relocation, you have automatic permission to relocate. The same rules apply if the non-custodial parent wants to relocate.
All custody decisions must be made in the best interests of the child. That means the parent opposing the relocation must present solid evidence to prove that relocating would not be in the child’s best interests. The court will consider the following when deciding whether relocation is in the best interests of the child:
Whether you are planning on relocating with your child or want to stop your co-parent from moving with your child, the Indiana child custody attorneys at Andrews & Crell, PC, can help. To discuss your situation further, reach out to us online or call us to schedule your case review with our Indiana child custody attorney.
Let our caring family attorneys provide the guidance and support you need to resolve your family law issues.