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 ... Read More
14
Sep2016
23
Aug2016
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 ... Read More
22
Apr2015
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 ... Read More
10
Jul2014
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 ... Read More
06
Nov2012
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 ... Read More