If you are planning to move with your child after a divorce, you will need to get familiar with the laws in Indiana regarding child custody and relocation. Whether both parents agree with the move or not, there are certain procedures that must be followed.
What should do you before the move?
To avoid creating a legal problem, make sure you follow the necessary steps if you are planning on relocating with your child. These steps include:
- Notifying the other parent within the state prescribed timeframe that you are planning to move
- If you both agree with the move, create a consent order and submit it to the court for approval
- If the other parent does not agree, go through mediation to resolve the issues, then draft the consent order to submit to the court
- If mediation fails, pursue litigation by filing a motion to request permission to relocate with the child
What if the case goes to court?
If you and your child’s other parent end up going to court, you will need to prepare a case with the supporting evidence that shows your move is in good faith and that it meets the best interests of the child standard for custody decisions. The court considers moves that will allow you to be closer to family or provide you with a better job, housing and educational opportunities as good-faith moves, particularly if the other parent will still be able to have regular visitations with the child. If you are moving to be far away from your ex or to prevent them from seeing the child regularly, the court will consider this a bad faith move.
Be prepared for the court to examine a variety of aspects of family life if you do go to court. You will need to answer questions about your motivation for the move, your relationship with the child and how the move will affect them.