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Can I Move out of State with My Child after an Indiana Divorce?

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Can I Move out of State with My Child after an Indiana Divorce?

August 10, 2021

If you are your child’s custodial parent, which means that he or she makes his or her primary home with you, and a move out of state is in order, it is a legal matter that you must address with the court. While the court obviously cannot stop you from moving, it is charged with upholding the best interests of your child and will need to rule on this matter (if your ex objects to your move out of state). As with all legal matters that involve children, it is complicated, and you are well-advised to have an experienced Fort Wayne child custody attorney on your side. 

Your Notice of Intent to Relocate

As the custodial parent who is planning a move, you are obligated to file a Notice of Intent to Relocate with the court at least 90 days prior to your move. If your child’s other parent objects to your proposed move, he or she has 60 days after your filing to file his or her own Objection to Relocation. If your ex fails to file an objection within the first 60 days, your move will automatically be greenlighted, but if he or she does file an objection with the court, the matter will be set for a hearing. 

Your Child’s Best Interests

The court’s charge is protecting the best interests of your child, and because prevailing wisdom supports children spending a considerable amount of time with both parents, a move out of state may be translated as an obstacle to this goal. Your task is to demonstrate that you are moving in good faith – not to thwart your ex’s court-awarded parenting time – and that you are invested in ensuring that your child continues to spend time with his or her other parent (by taking on some of the driving, by paying for flights, or by doing anything else that is necessary to make regular visitation possible). 

Your Reason for Moving

Again, the court is interested in why you are moving and is looking for a motivation that supports your children’s best interests, which can include:

  • Moving for a better paying job that allows you to provide your child with increased opportunities
  • Moving due to a job transfer
  • Moving closer to family who can help you with childcare and who make enriching additions to your child’s life
  • Moving for better educational opportunities for your child or for improved health care due to your child’s serious illness or condition  

A Fort Wayne Child Custody Attorney Is on Your Side

If you are your child’s primary custodial parent and you are planning a move out of state, Robert Bellinger at The Bellinger Law Office in Fort Wayne, Indiana, is a practiced child custody attorney who understands the gravity of your situation and is well-positioned to help. Your case is important, so please do not wait to contact us for more information today.

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