Living away from one’s child is never an easy situation to reconcile, but as long as regular and reasonable contact occurs, parents generally are able to deal with the distance. When parents divorce or separate, most assume that the physical distance from their child will be small enough to allow for the easy exercise of parenting time, but with the increasing mobility of Americans, usually in connection with a new job, this assumption is not as safe as it once was. Custodial parents with shared custody arrangements who wish to relocate with their children cannot simply move on their own volition. The rights of the other parent and the child’s well being are directly affected by such a move, so the law imposes several restrictions on this decision to ensure the proper balance of a custodial parent’s right to lead his or her life, the needs of the child, and the rights of the other parent to see the child are protected to the extent possible. A discussion of the requirements to legally relocate with a child when custody is split with another parent will follow below.

Procedure

Following a change in State law in 2006, parents who want to relocate but share custody of a child must provide notice of such intent with the court for any move expected to last 60 or more days. The distance of the move and whether it crosses state lines does not matter; all relocations lasting longer than 60 days require notice. The notice must be filed at least 90 days before the proposed relocation, and the non-relocating parent has 60 days to object to the relocation or request a modification of the custody order. A court may change the terms of the custody order as the result of a relocation, but is not required to so.

Evaluation

Either party can request a hearing to decide whether to grant or deny relocation, and the relocating parent has the burden of proving the move is being made in good faith and for a legitimate reason. If this burden is satisfied, the non-relocating parent then holds the responsibility of proving the move is not in the best interests of the child. As part of assessing the appropriateness of the relocation, Indiana law includes specific factors courts must consider, including:

• The distance between the current and proposed residences;
• The financial impact on the non-relocating parent to exercise parenting time;
• Whether the relationship of the non-relocating parent and child can be sufficiently maintained through alternative parenting time arrangements;
• Whether the relocating parent has a history of promoting or blocking the non-relocating parent’s contact with the child; and
• The reasons provided for and against the move by each party.

If the non-relocating parent does not request a hearing following the receipt of the relocation notice, the relocating parent is free to move. Basically, assuming the relocation is made in good faith, i.e., to take a better paying job or for the child to attend better schools, the best interests of the child will be the primary consideration in a court’s decision.

Considering the understandably high emotion relocation can provoke in each parent, informal negotiation or mediation sessions could be a less expensive and draining method of resolving a dispute over this matter. An experienced family law attorney can advise as to which method of settling a proposed relocation issue is appropriate based on the circumstances of a particular family.

Consult an Indiana Family Law Attorney

Moving when children are involved is rarely an easy decision, even if the parents are together. This situation is considerably more complicated when parents share custody, and can lead to heated disputes, especially if a family law attorney is not involved in the process. Christopher L. Arrington, P.C. understands how important and sensitive issues related to children are, and will work to get the best possible result for your family. Contact the Danville office to schedule an appointment.