With our society becoming more and more mobile, and travel becoming easier, relocation from state to state, city to city, and even country to country, is becoming a common issue in post divorce and paternity cases. When one parent desires to relocate far enough away that the current custodial arrangement becomes unworkable, then what? Adding to the confusion is the trend that more and more parents are sharing joint physical custody. Either parent can relocate to a new town, city, state or even country. However, whether the child should remain living in the home and community he or she is presently ...
November 13, 2014CD
Anytime a parent, either the custodial, or noncustodial (or if the share joint physical custody) wants to move, the relocating parent must file a Notice of Intent to Relocate, and state the reasons why one is seeking to relocate1. The non-relocating parenting has the opportunity to object to the relocation within sixty (60) days. As a general rule, parents, as adult individuals, may relocate and move wherever they wish, and a court cannot prevent them from doing so, as it would violate the constitutional right to travel. However, the question becomes, and especially when it is the primary physical custodial parent ...
July 10, 2014CD
Making the decision to pack up and move to another area of the state or another state altogether can be a stressful and difficult one. However, if you add an open family law matter to the mix, things can get even more stressful. So, what information can you help gather for your attorney to assist in your argument for relocation? It varies per case, but here are some general key pieces of information that can assist your case. 1. Parenting Time Plan: When distance is a factor, parenting time can become difficult to schedule. The Indiana Parenting Time Guidelines give minimum suggestions ...
July 1, 2014CD
In custody matters, the best interests of the children are paramount, and the process seeks to determine who shall have physical and/or legal custody of the minor children of the parties. However, the parents are the parties to a custody matter, not children, and in fact, children’s statements are generally hearsay, and not admissible in Court under the Rules of Evidence. So, how are children heard in the judicial system? There are several ways. There was a previous presumption that a child under age ten (10) was an incompetent witness. This has been repealed (revoked) for several years. So, one way ...
June 19, 2014CD
Relocation is a legal issue the custodial parent (although it does apply to non-custodial parents) often present Ciyou & Dixon, P.C. attorneys. Relocation is sometimes a financial necessity for work. Most adults no longer have a job for life, and custody relocation is often necessary to maintain or advance employment opportunities. Usually, there are other reasons associated with the desire to move, such as one parent has family in another state or a significant other. However, relocation is not a simple task in divorce and paternity matters, and these latter factors can obscure the case. There is the child and his/her ...
April 17, 2012CD