You can’t just up and relocate with your children when you have a custody agreement in place. You have to get the court’s permission to move to a different state. This was the subject of an Indiana family law case that went all the way to the Indiana Supreme Court for a decision.

The mother and father were divorced in 2007. They shared a child, J.S., who was about two years old at the time of their divorce. Initially, the parents shared joint custody of the children. At some point, the mother intended to move to California to be with her new husband. The father still lived in Indiana with his girlfriend and her two children from a previous relationship. J.S. shared a bedroom with the girlfriend’s daughter, who was around four years older. 

According to the mother, one of her daughters was aggressive toward J.S. Her conduct included pushing her. Her father dismissed the conduct as “normal kids’ stuff” or a sibling rivalry. J.S. initially struggled with school and needed extra help after failing ISTEP. However, her third-grade teacher reported that she was making strong progress and working hard. 

In this case, the mother sought to modify custody and filed for a contempt order against the father. The trial court denied her motion, making findings and conclusions sua sponte (on its own). The mother appealed the decision. On appeal, the Indiana Court of Appeals reversed both decisions, finding that the trial court erred and ordering physical custody to transfer to the mother in Oregon. 

The father appealed the appellate court’s ruling, and the case made it before the Indiana Supreme Court. The Supreme Court vacated the appellate court’s decision and reinstated the custody arrangement employed by the trial court. 

The best interests of the child

In Indiana, and more broadly across the U.S., the courts employ the “best interests of the child” standard to decide contested custody cases like the one described above. The policy requires the court to place the child’s health, safety, and emotional well-being above all other considerations. Judges will evaluate specific factors such as the child’s age, relationship with each parent, stability of their home life, their school performance, and each parent’s ability to provide care and guidance. This principle reflects the notion that custody outcomes should not punish parents or reward them, but instead ensure that the child’s long-term needs and development are protected. 

In the case mentioned above, the child, J.S., primarily lived with her father and had an established routine and community. The trial court recognized that this relationship was important and rebuffed the mother’s attempt to relocate with her child.

Talk to a Danville, IN, Child Custody Lawyer Today

Chris Arrington represents the interests of Indiana residents who are facing contested custody hearings. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.