Whether you’re moving across the state or across the country, moving can be a stressful event. The move can be costly and time consuming. However, it gets more complicated when there is a minor child involved in the move. In the state of Indiana, if a custodial parent is seeking to move away then there are several things to consider before the relocation takes place.
Notification of the Relocation
Indiana requires that the custodial parent notifies the non-custodial parent when planning to relocate, according to our child support lawyers. It does not matter how far away the move will take place, the parent must be notified. A Notice of Intent to Relocate must be filed with the court within a minimum of 90 days before the relocation.
Objection to the Relocation
The non-custodial parent has the option to object to the relocation. They cannot stop the parent from relocating, but a judge may prevent the kids from moving if it’s in their best interest. The parent filing the objection must do so within 60 days of receiving the Notice of Intent to Relocate. The objection filed is known as an Objection to Relocation. Without filing an objection, the custodial parent is allowed to relocate with the child or children.
Nonconsent to the relocation often stems from the move effecting the parenting time of the non-custodial parent. For example, a move from Indiana across the country to California would put a significant strain on the parenting time of the non-custodial parent if they had been seeing their child every other weekend. In this case, they have the right to object to the relocation.
If an objection is filed then the court will set a hearing to discuss the matter. The hearing will determine whether or not permission will be granted to relocate with the children. The parent intending to relocate must demonstrate to the court that the move is being made for a legitimate reason, such as a better paying job or moving closer to their family.
Reasons for Objecting
At this point, the non-custodial parent must prove that the relocation is not in their child’s best interest. The non-custodial parent may object to the move on the basis of several factors, but here are a few of the typical arguments that are brought to court as an objection to relocation:
- The relocation will take a significant amount of parenting time away from the non-custodial parent.
- The relocation will harm the relationship with the child.
- There is reason to think that the custodial parent will refuse to facilitate a long distance relationship with the non-custodial parent and the child.
- The child is older, has ties with the community, and does not want to move.
Getting Help with your Case
The court will consider the evidence and arguments presented by both parties when determining whether or not to permit the relocation. Cases such as these can be complicated and emotional. It helps to enlist the aid of a professional. Having an experienced child support attorney on your side can help you navigate the process and best represent your case in court.