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Fort Wayne Relocation Attorney

When parents share custody of a child, it is important that the child has regular interactions with each parent. This promotes a consistent, healthy relationship between the child and both of his or her parents. Even if both of a child’s parents have custodial time with him or her, the child usually spends the bulk of his or her time in one parent’s household. This parent is known as the custodial parent.

A custodial parent’s move can make it difficult or impossible for the child to maintain his or her existing schedule with the other parent. Because of this, many states require that a custodial parent obtain consent from his or her former partner before moving with their child. In some states, this is only necessary for moves beyond a certain distance. In Indiana, it is required for all moves.

Relocation Notification Deadlines in Indiana

If a parent wants to move with his or her child, he or she must file a Notice of Intent to Relocate with the court within 90 days of the proposed move. This document must include the following information:

  • The date of the intended move;
  • An address and telephone number for the new home;
  • The reason for the relocation;
  • A proposed new parenting schedule; and
  • Statements that the other parent may file an objection to the relocation within 60 days of the proposed move and that he or she may modify the existing custody or child support order.

Objection to a Relocation

The non-relocating parent may consent to the move. If this is the case, the custodial parent and the child can move, and a modified custody schedule can go into effect. If the parent files an Objection to Relocation. Though this cannot prevent the other parent from moving, it can keep the child from going with him or her if the court deems the move to not be in the child’s best interest. Failure to file this document within 60 days of the proposed move grants the relocating parent automatic permission to move.

The court may order a hearing to gather information to help it determine whether a move is in the child’s best interest. Issues parents may discuss during this hearing include:

  • The reason for the proposed move, such as a new job, moving closer to family, or moving to escape domestic violence or crime;
  • The child’s relationship with each parent and how the move would affect these relationships;
  • The child’s ties to his or her current community;
  • How the child’s current custody plan will have to be altered to accommodate the move;
  • The child’s preference; and
  • How the move would impact the child’s access to resources for his or her ongoing personal and academic development.

Work with an Experienced Fort Wayne Family Lawyer

Life rarely keeps us in one place forever. If you are a parent considering a relocation with your child, work with an experienced family lawyer to seek court approval for the relocation. Contact The Bellinger Law Office today to set up your legal consultation with us.

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