Child Custody Relocation in Indiana

A woman crying and holding her daughter.Relocating with your child out of state can be a complex and emotional decision, especially if you have custody in Indiana. Understanding the legalities and ensuring you comply with state laws is crucial. Moving your child’s primary residence to another state can greatly affect custody arrangements and visitation rights. For example, if you receive a job offer in Ohio and want to move with your child, Indiana law requires you to follow specific procedures to get court approval.

Navigating these legal waters can be daunting, but you don’t have to do it alone. At Woodford Sathappan McGee, our experienced family law attorneys are here to guide you every step of the way. Call us today at 380-212-3731 for a consultation and let us help you make informed decisions that are in the best interest of you and your child.

Understanding Custodial Parent Rights in Indiana

Parents who have custody of their children in Indiana have the right to make decisions about their child’s welfare, including moving to a different state. However, they must follow custody laws and consider the child’s best interests. Whether a parent can relocate depends on their custody arrangement and any court orders.

When thinking about moving, custodial parents need to balance new opportunities with legal requirements. This often means dealing with complicated legal issues to make sure the move follows Indiana child custody laws and doesn’t disrupt the child’s life too much.

Legal Custody vs. Physical Custody

Legal custody means having the authority to make important decisions about a child’s health, education, and general welfare. This type of custody allows the parent to make significant choices that affect the child’s overall well-being.

Physical custody determines where the child lives and when they visit each parent. Decisions about moving with a child can be heavily influenced by whether a parent has legal or physical custody, as these arrangements affect the logistics and feasibility of the move.

Joint Legal Custody Considerations

When both parents share joint legal custody, moving with a child becomes more complicated. Both parents must agree on major decisions, including relocation, which can lead to disputes if one parent disagrees with the move.

Joint legal custody requires both parents to share decision-making responsibilities, meaning they must work together on major aspects of the child’s upbringing. This arrangement can make relocation discussions more challenging, as both parents need to consent to any significant changes.

Notification Requirements for Relocation

In Indiana, custodial parents planning to relocate must notify the other parent and the court of their intent. This legal requirement ensures that both parents are aware of the proposed move and can take appropriate action if needed. There are certain steps the relocating parent must follow before moving.

  1. Prepare the Notice of Intent to Relocate: Draft a detailed notice that includes information about the new residence and informs the other parent of their rights concerning visitation.
  2. File the Notice with the Court: Submit the relocating parent’s notice to the court to officially document the intent to move.
  3. Serve the Notice to the Non-Custodial Parent: Use registered or certified mail to serve the notice to the non-custodial parent at least 30 days before the move or within 14 days of learning about the relocation. This ensures proper delivery and provides proof of service.

Adhering to these notification requirements is crucial. If you fail to do so, you could face severe legal consequences, like being held in contempt of court. Proper notification is a key step in the relocation process, ensuring transparency and fairness for everyone involved. At Woodford Sathappan McGee, we can help you navigate these requirements to avoid any legal pitfalls and ensure a smooth transition. Contact us for assistance with your relocation plans.

In Indiana, the relocating parent does not have to notify the court of a move if the relocation falls under specific exceptions, including:

  1. Already Addressed in a Prior Court Order: If the relocation has already been addressed and permitted in a prior court order, the custodial parent does not need to provide additional notification.
  2. Increases Distance by Less Than 20 Miles: If the move increases the distance between the parents’ homes by less than 20 miles and allows the child to remain enrolled in their current school, the custodial parent is exempt from notifying the court.
  3. Moves Closer to the Other Parent: If the relocation moves the custodial parent closer to the non-custodial parent, notification to the court is not required, as this can positively impact the parenting relationship.

It’s advisable to consult with a family law attorney to ensure compliance with legal requirements and to safeguard the rights of all parties involved. Proper legal guidance can help navigate potential complexities that may arise during the relocation process.

Court’s Evaluation Criteria for Relocation Requests

When a custodial parent wants to move to another state, the court looks at whether the move is good for the child. Judges consider several factors, such as why the custodial parent wants to move and how the move will affect the child’s stability and relationships.

The parent who wants to move has to prove that the move is for a good reason and is made in good faith. If they succeed, the other parent must then prove that the move is not beneficial.

Factors Considered by the Court

  • Child’s Best Interests: The court’s primary focus is on the child’s education, personal relationships, and overall well-being. Judges need to see if the move improves the child’s welfare by considering all relevant details.
  • Good Faith Reasons for Relocation: Valid reasons such as better job opportunities, moving closer to family, or pursuing a new relationship. Relocating parents need to prove that the move will improve their family’s life.
  • Impact on Stability and Relationships: How the move affects the child’s stability and existing relationships with both parents and other significant individuals.
  • Burden of Proof: The relocating parent must first prove that the move is for valid reasons. If they succeed, the non-relocating parent must then show that the move is not in the child’s best interests. This burden of proof is key in deciding custody and relocation disputes.

Objections from the Non-Custodial Parent

When a non-custodial parent objects to the proposed relocation, they must file their objection within 20 days of receiving the notice. If they don’t, the custodial parent’s relocation request is usually approved without further contest. This objection process ensures that both parents have a say in major decisions affecting their child’s life.

If objections are raised, the court will schedule a hearing where both parents can present their evidence. The relocating parent must first show that the move is in the child’s best interests. This means providing proof that the relocation is legitimate and done in good faith, such as for better job opportunities or to be closer to family.

On the other hand, the non-custodial parent needs to demonstrate that the move is not in the child’s best interests. This could include showing potential hardships and costs related to maintaining their parenting time or instances where the relocating parent has previously obstructed visitation. The court will carefully consider all the evidence to decide what’s best for the child.

In the end, the court’s decision will focus on what’s best for the child, weighing the benefits of the move against the impact on the child’s relationship with the non-relocating parent or grandparent.

Both parents must be ready to present a strong case, as this will significantly influence the final ruling. At Woodford Sathappan McGee, we are skilled in crafting compelling arguments and presenting solid evidence to support your relocation case. Our team of family law attorneys understands the complexities of family law and is dedicated to ensuring your rights and your child’s best interests are fiercely advocated for in court.

Impact on Child Support and Parenting Time

Relocation not only affects child custody but also has a significant impact on child support obligations and parenting time arrangements. Even if the child moves out of state, child support must continue, and the court may need to adjust the existing support orders to reflect the new circumstances.

The non-custodial parent’s priority is maintaining meaningful parenting time with the child despite the relocation. Courts aim to maximize quality parenting time for both parents, which may require revising parenting schedules and addressing any logistical challenges posed by the move.

Adjusting Child Support Orders

Relocation can lead to increased transportation costs for parenting time. These costs are shared based on each parent’s income and financial situation. As a result, child support amounts may need to be adjusted to cover the additional expenses.

To modify a child support order, the court will assess how the relocation affects each parent’s financial situation and ensure that the child’s needs are met. The goal is to create a fair and feasible support arrangement that reflects the new circumstances.

Revising Parenting Time Schedules

The Indiana Parenting Time Guidelines offer a sample schedule for long-distance parenting time. For example, children aged 3-4 can have up to six one-week visits per year, with at least six weeks between each visit.

Parents should work together to create a practical parenting schedule despite the distance. If the move is only a couple of hours away, adjusting the schedule is usually easier, allowing for more flexible visitation arrangements. At Woodford Sathappan McGee, we can help you navigate these adjustments to ensure that both parents maintain meaningful relationships with their children.

Contact WSM Indianapolis Custody Lawyers for Relocation Guidance

At Woodford Sathappan McGee, we understand that relocation with your child is a significant and emotional decision. Our seasoned family law attorneys are dedicated to providing compassionate, personalized, and tailored legal guidance to your unique situation. We pride ourselves on our deep understanding of Indiana’s custody laws and our ability to handle the complexities of relocation cases efficiently.

We take the time to listen to your concerns, answer your questions, and develop a strategic plan that aligns with your goals and the best interests of your child. Our team is known for its thorough preparation, attention to detail, and relentless advocacy in court.

Don’t face this challenging process alone. Let Woodford Sathappan McGee be your trusted partner in ensuring a smooth and legally sound relocation. Contact us today at 380-212-3731 to schedule a free consultation and take the first step towards a brighter future for you and your child. 

We provide representation and support to women in matters of divorce, custody and all fields of family law for residents in and surrounding Indianapolis and Fishers, Indiana.

Frequently Asked Questions

A custodial parent in Indiana must notify the non-custodial parent and the court, file a Notice of Intent to Relocate, and may need to attend a court hearing to seek permission for the move. It is essential to follow these legal procedures to ensure compliance with custody agreements.

Joint legal custody requires both parents to mutually agree on significant decisions, including relocation, complicating the process and potentially leading to disputes. Therefore, both parties need to communicate effectively and consider the best interest of the child during such decisions.

Legitimate reasons for relocating with a child include better job opportunities, moving closer to family, or pursuing a new relationship. These factors can significantly enhance the quality of life and support system for both the parent and child.

If the non-custodial parent objects to the relocation, they must file an objection within 60 days, and the court will subsequently hold a hearing to evaluate the proposed move.

Relocation can significantly impact child support and parenting time schedules, as it often requires adjustments to existing orders to reflect the new living arrangements. Therefore, it is essential to review and possibly revise these agreements to ensure they remain in the best interest of the child.

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