In our very mobile society, relocation of a custodial parent after a divorce or paternity is quite common. Indiana family law lawyers have found many reasons for custodial parent moves.
This is especially true in these very difficult economic times when a move from where a custodial parent lives may be necessary in order to obtain employment. If the move is a substantial distance from the original location, there is no doubt that such a change in location may cause a great amount of grief and heartbreak for the non-custodial parent. Sometimes a move is made for other economic and/or quality of life reasons such as a move to an area where there is a lot of family. Unfortunately, sometimes, the reason for relocation after a very acrimonious and hard fought divorce or custody battle may be for the purpose of taking a child away from the non-custodial parent, and not for a legally acceptable reason.
Indiana Relocation Custodial and Non-Custodial Parent Rights
Indiana relocation custodial and parenting time rights laws insure that any relocation of a substantial distance must be done for a good and valid purpose. Major provisions require that the relocating custodial parent provide 60 days notice of “an intent to move’ to the other parent. The Notice must provide the date and address of relocation, including phone numbers. The Notice must also provide a parenting plan concerning the manner, time and expenses for future parenting time between the non-custodial parent and the child.
If the non-custodial parent files an objection, a hearing must be conducted by the court to determine whether the move is being made in good faith and is in the best interest of the child. The court has the discretion to enter orders approving or denying the move, modifying custody, modifying the proposed parenting plans and determining who will have to pay for the increased cost transportation costs for exercising parenting time when distance is a major factor.
If you live in the communities of Hammond, Munster, Dyer, Griffith, East Chicago, Gary, Whiting, Highland, Lake Station, Hobart, Merrillville, Lowell, Crown Point and East Chicago in Lake County or in Porter County Indiana and are facing a relocation situation, contact Burton Padove, Indiana family law lawyer, for a free consultation at (219) 836 2200.