Divorce and transferring back and forth between homes can be very hard on a child as it upends any sense of security and stability. Sharing child custody is not easy for the parents either, but the arrangement can become even more stressful if the parent with primary custody decides to move far away.

As reported in the New York Daily News, a Hoosier mother is dealing with this situation as she fights to gain access to her children after her ex-husband moved them to his native Cyprus two years ago. Her ex-husband is blocking visitation with her children and defying an Indiana court order granting the mother custody. This is a parent’s worst nightmare and obviously a situation to be avoided if possible. Indiana does have provisions relating to the relocation of a child of divorced parents, and these will be reviewed below to help inform parents about their rights in this circumstance.

Notice

First, if a parent shares custody or the other parent has any visitation rights, it is not permissible to relocate with a child until notice is provided to the court and the non-relocating parent. The relocating parent must provide this notice at least 90 days before the date of relocation and include with the notice information related to the move. Some of the required information includes:

• Why the parent wishes to relocate;
• The intended date of the move;
• A proposed schedule for parenting time; and
• The new home address.

Contesting the Move

Once a parent receives notice of a move, the parent has 60 days to contest the relocation and request a temporary or permanent order to prevent the relocation. If the non-relocating parent does not contest the relocation within this time period, this silence is interpreted as acquiescence and the relocating parent is free to move without court involvement. Either parent can request a hearing on this issue, and at the hearing, the parent who wants to relocate must show the court the move is being made in good faith and for a valid reason. If the relocating parent sufficiently demonstrates these things, it is then up to non-relocating parent to show why the move is not in the best interest of the child.

Factors in Determination

Indiana law prescribes a number of factors courts must look to when deciding whether to grant or deny a request to relocate. Essentially, a court is modifying an existing custody or parenting time order when it grants a request to relocate, so the court’s deliberation over this request is fairly involved. Some of the factors used to make this decision include:

• How far away the new home is from the current one;
• The financial and time burden the non-relocating parent would assume in order to see the child;
• The likelihood the parent-child relationship with non-relocating parent would endure if the child relocates;
• Any pattern of behavior by the relocating parent to encourage or prevent contact with the child; and
• The reasons offered by the relocating parent as to the necessity of the move as well as the reasons behind the non-relocating parent’s objections.

Seek Legal Counsel

Relocation of a child is big deal since it affects so many individuals and typically requires drastic changes. Regardless of whether you are seeking to relocate or want to oppose it, consulting with a lawyer is your best chance to get a result that is best for your child. Christopher L. Arrington, P.C. is an attorney in central Indiana that offers his clients an experienced approach to family law matters. Contact him today to schedule an appointment.