People decide to move for any number of reasons – job, family, culture, or health being the most common – and they usually find the change to be a positive experience. However, when the person moving shares custody of their children with an ex-spouse, moving to another state or country has broader implications, and the possible effects on the children’s relationship with the other parent should be considered. Additionally, once the children move away, it may be more difficult to enforce a child custody order if the either parent decides to violate the parenting time arrangement.

A recent article in Indianapolis Star tells the story of a woman who fought for years to regain custody of her son after her ex-husband, a Greek citizen and resident, refused to send him home following his summer break. What followed became a parent’s worst nightmare of trying to coordinate U.S. and international law to get her son back, which prompted her to start an organization to help parents dealing with an international abduction. Under Indiana law, a parent must notify the court and the non-relocating parent of an intent to relocate with a child when custody is shared with another person. An overview of a parent’s ability to challenge a request to relocate under Indiana law and the international mechanism available to parents if their child is abducted overseas will follow below.

Indiana Law for Relocation

A parent who plans to move to another state or country must provide the other parent with at least 90 days notice of this plan, and either request a modification of an existing custody order with the court or the incorporation of the new location of the child into an original child custody and parenting time order. The non-relocating parent has 60 days to dispute the move, and the burden of proof is initially on the relocating parent to show the move is made in “good faith and for a legitimate reason.” If the relocating parent successfully meets this burden, the non-relocating parent must then prove the move is not in the best interests of the child. If the non-relocating does not dispute the relocation, the court will typically approve the move.

The court considers a number of factors when making its final decision in disputed relocations. These factors include:

• How far away the new child’s new home will be;
• How difficult it would be for the non-relocating parent to exercise his/her visitation rights;
• How likely the non-relocating parent could sustain a meaningful relationship with the child, taking into account the non-relocating parent’s financial situation;
• Whether there is a pattern by the relocating parent to deny parenting time; and
• Why the parent wants to relocate, coupled with the reasons why the non-relocating parent opposes the move.

The Hague Convention Treaty on International Kidnappings

Ninety-four countries currently adhere to a treaty that establishes an expedited process for the return of children abducted by a parent and taken to or forced to remain in another country. The treaty only applies to children under the age of 16, and only operates if the child’s normal country of residence and the country he/she is taken to are both signatory countries to the treaty. A parent has one year from the date that the child is abducted to file an application for judicial intervention under this treaty, and a court’s final decision must be issued within six weeks of receiving the application.

Speak to a Family Law Attorney

If your former spouse wants to relocate with your child, and you are not okay with it, you have a very small window to oppose the move. Consequently, it is important to contact an attorney as soon as you learn about your former spouse’s plan to move in order to protect your rights. Christopher L. Arrington helps parents with child custody-related issues in the Indianapolis area, and he can help you fight to keep your child close by. Contact him to schedule a free consultation.