People are much less stationary and more willing to consider moving to a new city, state, or country in hopes of finding a better job and life. When parents share custody of a child, though, such decisions affect far more than just one individual. Assuming parents share parenting time, each is entitled to the opportunity to exercise it as agreed-upon or ordered by a court. Obviously, moving a child across the state or country would materially affect the other parent’s ability to see the child on a regular basis, and potentially damage the parent-child relationship. To prevent unfair restriction of a parent’s ability to see his or her child, rules governing the relocation of a child must be followed. Potential repercussions for failing to do so could include modification of the custody arrangement or being held in contempt of court if the acts are willful.

Moving a child far away from another parent is no small act, and an Indiana appeals court recently rejected a mother’s appeal of a trial court’s denial of her relocation request. It is always best if the parents decide child-related issues on their own, but something like relocation is more likely to provoke competing and conflicting positions that are difficult to compromise. As society grows increasingly more mobile, parents with shared custody must become aware of the requirements for relocation, so parental rights are protected, and the child’s best interests served. An overview of how a parent is supposed to handle relocation, and the method courts use to evaluate whether to grant the request, will follow below.

Notice

First and foremost, a relocating parent cannot move without notifying the other parent, and the court, 90 days in advance. This notice requirement exists regardless of how far the move is. If the parents agree to the move, which must include a revised parenting time schedule, a court is likely to consent. Though, if the best interests of the child seem threatened, a judge could conceivably deny a relocation request, even if the parents agree. Furthermore, either parent can request a full hearing to consider the relocation request, and the factors that a court looks at differ from those that control most child-related decisions. Specifically, a court must look at:

• The distance of the move;
• The expense and hardship the move would pose on the other parent’s exercise of parenting time;
• The feasibility of maintaining the parent-child relationship with the nonrelocating parent in light of the finances of both parties;
• Whether the relocating parent has a history of promoting or sabotaging the nonrelocating parent’s contact with the child; and
• The reasons for and against the relocation.

Contesting a Relocation

A nonrelocating parent has 60 days from the date of the above notice to contest the move and ask for a temporary or permanent injunction to stop the relocation. If no objection is made, the nonrelocating parent is typically allowed to move with minimal inquiry, so it is on the nonrelocating parent to take quick action. Since the relocating parent is choosing to disrupt the custody arrangement, he or she has the initial burden to show that the move is made in good faith and for legitimate purposes. Making plans to move without talking with the other parent and/or enrolling a child in school without consent or consultation would be examples of actions that go against the relocation being a product of good faith. If, however, the relocating parent meets this burden, it then shifts to the nonrelocating parent to show that the relocation is not in the child’s best interest. An experienced family law attorney will know how to effectively gather and present evidence in support of either position.

Get Help

Relocating after divorce is frequently complicated and is likely to produce conflict and pushback. Regardless of which side you are on, you need the knowledge and resources of an experienced family law attorney to protect your interests. Christopher L. Arrington, P.C. understands how pivotal relocation often is, and will work to get you the best possible result. Contact the Danville office to schedule an appointment.