Indiana Relocation Law

Looking for a Carmel Divorce Attorney for your relocation questions?

The term “relocation,” as it relates to a divorce or child custody matter, means a change in the location of the principal residence of a parent or other person from his or her principal place of residence. Seperation

In Indiana, anyone who is subject to a custody order, parenting time order, grandparent visitation order, or child support order must file a notice with the court of their intent to relocate. If you are subject to such an order and are considering relocation, it is extremely important to discuss these issues with an attorney before making any firm relocation plans.

If there is disagreement on these issues, and the moving parent proves to the Court that the move is for legitimate reason and in good faith, the burden is then on the parent objecting to the move to show the Court that the move is not in the best interest of the child(ren).

The factors that the Court will consider in order to determine whether the relocation is in the best interest of the child include:
  • The distance involved in the proposed change of residence;
  • The hardship and expense involved for the non-relocating individual to exercise   parenting time or grandparent visitation;
  • The feasibility of preserving the relationship between the non-relocating individual and the child through suitable parenting time and grandparent visitation arrangements. This will include consideration to the parties’ financial situations;
  • Whether there is an established pattern of conduct by the relocating individual. This means the court is going to look to see if there is a history of promoting or thwarting a non-relocating individual’s contact with the child;
  • The reason provided by the relocating parent for the move, as well as the reason the non-relocating parent is objecting; and
  • Any other factors that may affect the best interest of the child.

Contact Halcomb Singler for your Carmel divorce attorney needs

Halcomb Singler, LLP,  in Carmel, can help you navigate this complex, and often contentious, area of law, and advocate vigorously for your parental rights.

If you are considering relocation, or have been served with a notice to relocate by another parent, call our Carmel location today at (317) 575-8222 to set up a consultation with a knowledgeable attorney regarding these issues. There are strict time limitations in this area of law, so it is important to seek legal counsel on these matters as soon as possible. Halcomb Singler has a Carmel divorce attorney who will be the right fit for your case.

 

 

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