If you are divorced and you have primary custody of your children, this will impact the decisions you make in your life. Life is always changing, and if you got a new job or found your dream home in another location far from where your ex lives, then you have some legal issues to consider. It is understandable if you are unsure about your ability to relocate to a different area with the children. Regardless of what your relationship with your ex is, they still have a say in what you do with your life when it involves the children.
If you have questions after your Indiana divorce, as many people do, you can call Christopher L. Arrington, an Indiana divorce attorney, for answers. As a Danville divorce attorney, Christopher L. Arrington has helped many separated families navigate co-parenting situations and deal with complicated issues like custody agreements. When you are in a position to move with your kids, your ex can object, in which case you will need to take the matter back to court.
What Happens When a Divorced Party Wants to Relocate With the Kids?
Indiana requires that when one parent wants to relocate, they have to provide written notice to the court requesting the move. They must notify their ex about their intentions in writing, as well. The written notification must be sent via Certified Mail. The following facts must be included in the written note:
- Address and phone number of the new location.
- Explanation of why the move is requested.
- A new and adjusted parenting time plan.
- Information and guidance for the ex-partner that tells them they have 60 days to file their own objection to the relocation should they have a problem with the move.
- A statement that also tells the ex that as a result of the move there will be a petition filed to amend the custody agreement and potentially child support.
If your ex does not object to your change in location or if they fail to file their objection within the 60-day timeframe, then you can move. Should your ex object and file in the correct amount of time, then a hearing date will be set to discuss the situation. It is dependent upon you to convince the court that your move is necessary. Depending on your reason, the details related to the aftermath of your divorce with respect to your ex’s behavior, and overall how persuasive you are could be the difference between the court approving the move or denying it.
Showing that your move is in good faith and for solid and reasonable grounds means that your ex must dispel your argument. Your ex will then have the burden of showing that your relocation will be harmful to your children. When your ex is successful in making their case, and the court believes that the move will not benefit the children, but instead hinder them, your ex will be given custody. As such, modifications to visitation and child support will be done.
Speak With an Indiana Child Custody Attorney Today
There is much to think about when you are considering a move. Typically moving to a location that is not much farther or, even closer to your ex will not be met with many objections. However, moving very far away could be much more difficult to do and you may even lose custody of your children in the process. It is critically important that you have the right legal representation advocating on your behalf. Call the Plainfield child custody attorney, Christopher L. Arrington today to schedule a free consultation at (317) 745-4494.