Relocating With Children After Parents Separate And Establishing Child Custody
Can I Relocate With My Children After Separation Or A Divorce?
Yes, you may relocate with your children unless the court orders otherwise. However, because the court favors regular and meaningful contact between parent and child to foster the best interests of a child’s overall well-being, your decision to relocate involves several steps before the court will allow it.
The court wants parents to prioritize their child’s welfare when considering relocation. Understanding the full scope of how a change in your child’s residence affects him or her can be difficult to do on your own. At the Law Offices of J. Douglas Angel, we have decades of experience helping families in Northwest Indiana with their custody modifications and relocation matters. Call our office at 219-836-3133 to learn more.
What Do I Need To Do If I Am Considering Relocating With My Kids?
Indiana law requires parents to, at all times, keep the other parent advised of their home address and all telephone numbers and electronic mail addresses. Indiana law also requires parents who have or are seeking custody and/or parenting time that are wishing to move – unless they are moving closer to or no more than 20 miles from the other parent and there will be no change in the child’s (childrens’) school(s) — to provide written notice to the other parent no later than 90 days prior to their intended date of moving. The notice must be filed with the family court, and also sent to the non-relocating party no later than 90 days prior to the move date. The notice must provide detailed information.:
The court requires this notice for all projected relocations by the custodial and noncustodial parents when they are looking to move their primary home for at least 60 days.
What If I Am Just Thinking Of Moving Down The Street In The Same Town?
At this time, the statute reads that a detailed notice is required for all proposed moves whether you are planning to move to another country, out of the state, or just across the street.
How Does Moving Affect My Custody And Parenting Time?
You will have to submit another proposed parenting plan for approval by your child’s other parent. If you cannot agree to the new plan, the court may get involved to create one for you.
Please note that if your move means that you are not going to comply with the existing custody and parenting time agreements, the other parent could apply to the court for sanctions against you. You could be facing contempt sanctions that could include fines, imprisonment, or community service. In Indiana, interference with the other party’s visitation and custody rights could lead to criminal penalties and having to pay their attorney’s fees so incurred.
Should I Hire A Lawyer If I Want To Move With My Kids?
Indiana laws are meant to protect the best interests of your children and to foster their well-being. The rules can be confusing without the help of an experienced family law attorney. Moving with children, whether to another town or state, can be stressful enough in and of itself. If your move means your parenting time agreement needs to incorporate significant revisions, consulting with a lawyer can give you peace of mind that you have not overlooked important details. Do not wind up facing contempt charges by the other parent; contact our firm.
At the Law Offices of J. Douglas Angel, we have the skills and knowledge you need for all your family law issues. You can leave the details to us and, we will work with you to achieve an optimal outcome. Call our office in Lake County, Indiana at 219-836-3133 to schedule your consultation. You may also reach out to us online.