Fort Wayne Parent Relocation Lawyers

Life doesn’t turn out the way you planned it. That is something separating or divorcing couples who have children learn the hard way. One of them may find better financial or personal opportunities in a new place, but that does not automatically mean they can just relocate with their kids because they want to. If you or your ex-spouse or partner want to relocate with your child, here’s what you need to know before doing so. 

What to Do If You Want to Relocate With Your Child

If you are the custodial parent and want to relocate with your child, you must send a notice of your intent to move within 90 days of your intended relocation date to the court. You should still discuss your relocation plans with your ex but are not required to send them a notice if any of the following apply to your case: 

• A court order has addressed your relocation plans and doesn’t require you to file a notice.
• Your new residence will be closer to the other parent’s residence or will be no more than 20 miles away from the other parent’s residence and enable your child to stay in the same school they currently attend. 

The other parent must respond to your notice within 60 days of receiving it if they want to object to the relocation. Take note that judges can’t lawfully stop you from relocating, but they can stop your child from moving if it’s not in the best interests of your child. If the other parent fails to file their motion to object to your relocation, you have automatic permission to relocate. The same rules apply if the non-custodial parent wants to relocate. 

Factors The Court Considers When Determining Relocation Cases

All custody decisions must be made in the best interests of the child. That means the parent opposing the relocation must present solid evidence to prove that relocating would not be in the child’s best interests. The court will consider the following when deciding whether relocation is in the best interests of the child: 

• The distance involved or how far the new residence will be from the other parent’s residence.
• Whether the other parent’s visitation or parenting time will be affected negatively if the custodial parent and child relocate.
• Whether the relationship between the other parent and child will be affected by the move.
• Whether the relocating parent has a known history of discouraging or preserving the relationship between the child and the other parent. 
• The relocating parent’s reason for moving and the other parent’s reason for objecting.
• Anything else that might impact the best interests of the child, including their age, ties to their community, whether they want to move, etc. 

Get Legal Advice From an Experienced Indiana Child Custody Attorney Now

Whether you are planning on relocating with your child or want to stop your co-parent from moving with your child, the Indiana child custody attorneys at Crell Law , can help. To discuss your situation further, reach out to us online or call us to schedule your case review with our Indiana child custody attorney.