Can a Parent with Shared Custody Relocate with Their Child?

When you share custody of your child, every major decision, especially moving, requires careful thought. You might be hoping to start a new job, get a fresh start, or be closer to family, but with shared custody, it’s not as easy as just picking up and going. There are procedures you have to follow.

At Crell Law, we help parents with these challenging situations, protecting both their rights and their child’s best interests. With over 65 years of combined experience, we have helped many parents with shared custody relocate with their children. Here is a breakdown of how to approach it legally:

1. Review your custody agreement to understand any restrictions on moving.
2. Talk to the other parent early about your plans and reasons for relocating.
3. Document your plan showing how the move benefits your child and preserves their relationship with the other parent.
4. Consider mediation or legal guidance if there’s disagreement.
5. Seek court approval if required by your custody order.

Knowing how to handle each stage of the process can ease relocation stress for everyone and keep your child’s best interests at the center of every decision.

Why Do I Need Permission to Move with My Child if We Share Custody?

When parents share custody, both typically have a say in major decisions affecting their child, including where the child lives. Relocating can impact the non-moving parent’s time and relationship with the child. Under Indiana law, the moving parent must provide a “notice of intent to move” to the other parent at least 90 days before the planned move. This notice gives the non-moving parent time to review the proposal and, if necessary, request a hearing to address any concerns.

Can My Child’s Other Parent Stop Me from Moving?

Yes, the other parent can object to the move and ask the court to prevent your child from relocating. While a judge cannot legally stop you from moving, they can prohibit your child from moving with you if the relocation is not in the child’s best interest. If the other parent files an objection within 60 days of receiving your notice, the court will schedule a hearing to decide the matter. If they do not file an objection in time, you may receive automatic permission to relocate with your child.

How Does the Court Decide if Relocation Is Allowed?

The court’s decision is based entirely on what is in the child’s best interests. A judge will review several factors to determine if the move serves the child’s best interests, including:

• The distance of the proposed move.
• The reasons for the move and the reasons for any objections.
• The impact on the child’s stability and on the child’s relationship with the non-moving parent.
• The history of each parent in either encouraging or discouraging the child’s relationship with the other parent.

The court will require you to present a clear plan showing how the move benefits your child and preserves their relationship with the other parent.

What Happens if I Relocate with My Child Without Court Approval?

Relocating with your child without proper court permission is a serious violation of your custody agreement. This action can lead to significant legal consequences, such as contempt of court charges, fines, and even a modification of the custody order that is not in your favor. An unauthorized move complicates your case and can demonstrate to the court that you are not willing to co-parent, which may damage your chances of a favorable outcome. You’re better off working with a family law attorney and building a strong case.

What Steps Can I Take to Strengthen My Case for Relocation?

You can strengthen your case by presenting a well-documented plan that clearly benefits your child. This includes gathering evidence of better educational opportunities, a stronger support system, or improved quality of life. Proposing a detailed new parenting time plan that shows how you will maintain the child’s bond with the other parent is also vital. This new plan might include arrangements for virtual visits, extended holiday schedules, and travel arrangements.

Let Us Help You Plan Your Next Steps

Relocating with a child under a shared custody order is possible with careful planning and proper legal guidance. Before making any decisions, it is wise to understand your rights and obligations. Consider reaching out to a family law attorney at Crell Law to review your case and help you prepare for the road ahead.