Most divorcing couples and divorced parties (and parties to paternity cases) know that if they move (or “relocate” in legal parlance) during or after a divorce/paternity, they must file a Notice of Intent to Relocate. For a long period, most of Indiana followed Marion County’s rule on relocation, which meant a party could move 100 miles without taking any legal action. However, in recent years that changed when the Legislature passed a new relocation statute.1 This statute required a moving parent to file a Notice before the move, and, if objected to, show the move was made in good faith ...
Tag: child custody relocation
August 12, 2019CD
It’s important for the attorneys at Ciyou & Dixon, P.C., as family law practitioners, to stay updated on Indiana laws to best serve our clients. Part of our ongoing effort to provide effective and efficient legal counsel to meet our clients’ goals includes learning about legislation that impacts the types of cases in which we are often involved. In this blog post, we discuss several changes that will become effective in 2019 that may impact issues in family law (divorce, paternity, child support modification, guardianship, adoption, etc.) that an individual may find themselves facing if you are involved in one ...
May 15, 2019CD
A number of our blogs over time have discussed the “how to” of a good faith relocation. Unfortunately, sometimes a parent gets blinded by the desire to move and loses sight of the fact this may not be in the children’s best interests; and he or she may provide very little or no notice and relocate. This blog addresses the potential remedies to stop or challenge a custodial parent’s relocation with the child by the non-custodial parent. When the custodial parent provides timely notice of relocation, the non-custodial parent can object in one of two recognized ways. The first is to ...
September 14, 2016Adam Hayes
In 2006, the Legislature passed a “relocation statute” to provide guidance to the courts on how the courts should address a parent who wants to relocate, especially since this type of action typically involves creating some distance between at least one of the parents and the minor child/children. The statute mandates that the relocating parent provide advance notice of the intended relocation and that the relocating parent has the burden of proof to demonstrate "good faith and a legitimate reason". A recent case by the Indiana Court of Appeals further clarifies how this balance is to be weighed by trial courts. ...
August 23, 2016Adam Hayes
Our society is more mobile than ever, working from home to teleconferencing across the globe. This makes relocation by a custodial parent more likely now than at any time in the past. There are three keys that a custodial parents must establish in order to be allowed to relocate with the children. First, and perhaps most important, is that the relocation is made in good faith and for a legitimate reason. A job transfer, layoff, and work-related reasons are the most common and likely to be successful. What this means is the relocation’s central reason must be for the benefit and ...
December 2, 2015Adam Hayes
Supposing a custodial parent is permitted by a court to relocate with the child to another state, there are often matters that arise after relocation that must be decided by a court with regard to the child. This brings up a relatively frequent question of which court decides, the court in the child’s former state of residence, generally the “home state,” or the state where the child now resides. Generally, the court in the child’s former “home state” retains jurisdiction so long as the non-relocating parent resides there. However, a petition may be filed in the new state asking it to ...
June 16, 2015Adam Hayes