Jobs and relationships (significant others) are in a constant state of change in today’s digital world. However, in cases where two parents share custody or one has primary custody and the other parenting time from a divorce1 or paternity order, a relocation of any significant distance can create a potentially significant issue for parenting by the non-relocating parent. Where the custodial parent is the relocating parent, if challenged by the remaining parent, the relocating parent must prove the relocation is made in good faith and for a legitimate reason. This blog presupposes a relocating parent can meet this burden; and ...
Tag: good faith
June 27, 2018CD
In divorce and paternity cases, there are numerous state and federal laws requiring parents to pay child support for their children, and about as many laws for enforcement of court- order support obligations. In fact, failure to pay child support may cause legal penalties against you, ranging from losing a professional license to being found in contempt of court and ordered to jail. This blog covers four simple ways to avoid a child support arrearage and its legal consequences. First, some parents pay child support directly to the other parent. This is always a mistake. Child support not paid through the ...
December 28, 2017CD
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
Under the United States Constitution, each person has the right to free travel in and between the states. Where the parties have a child in common and custody is in place (whether by paternity or divorce), this right to still applies. However, under the Paternity and Dissolution Acts, the relocating party must do two things: First, the moving party must provide advance written notice of the intent to relocate 90 days in advance or as soon as possible if the time is shorter. This applies to the custodial and non-custodial parent. Second, the relocation must be made in good faith and for ...
April 22, 2015Adam Hayes
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
In all civil cases (not criminal), Indiana trial courts generally require the parties attend and make a good faith effort at mediating the matter before coming a trial. This is particularly the case where the hearing is expected to take more than two or three hours. Many trial courts have this in their local rules. It is not a denial of constitutional right to access to Indiana courts to first required mediation. There are several sound policy reasons for this. First, given the sheer volume of cases filed in Indiana’s trial courts each year the courts are overworked, and mediation is ...
November 6, 2012CD