If a parent wants to relocate after a divorce or custody decision, this decision can have far more consequences than those faced by the relocating parent. In the State of Indiana, relocation with a child can impact visitation rights, the child’s continuity in school, and the child’s relationship with both parents. This is why in Indiana, parents are required to abide by certain relocation guidelines. 

Background of the case

In the case we are about to discuss, one of the parents wanted to move away with their minor child. This is when the relocation state is applicable. The opposing parent did not agree to the move, so the court had to decide whether the move was allowed or whether there was a need to make a change to child custody and visitation.

Relocation cases are not usually simple. Although one parent might have a good reason for relocation, such as job opportunities or financial security, the court will ultimately have to prioritize what would benefit the child. This case points out the complex narratives of these cases, in which one party claims the move will improve the child’s quality of life while the other claims the move would impair their relationship with the child. In this case, the trial court ruled in favor of the party who was seeking to relocate.

The appeal

On appeal, the Indiana court examined how the trial court addressed the dispute over relocation. In Indiana, there is a formal analysis that must be followed in a relocation dispute. First, the parent seeking to relocate must prove that there is a good-faith reason for the move. If so, then it is up to the other parent to prove that the move is not in the child’s best interests. 

In this case, the issues related to the evaluation of the request to relocate the child, based on the statutory factors, include matters such as the distance involved, the difficulties and costs involved in exercising parenting time, the possibility of maintaining a relationship with the non-relocating parent, and whether the intention to relocate is to interfere with the other parent’s rights.

In the end, it was not the job of the appellate court to “re-try” the case before it. The issue was simply whether the lower court had come to its decision through proper means. This case is important for reminding parties that the lower court has been granted broad discretion in relocation matters.

Talk to a Danville, IN, Family Law Attorney Today

Need to relocate with a minor child? Call Chris Arrington today to schedule an appointment, and we can begin preparing your case right away.