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Relocation Law in Indiana

Guidance from Indianapolis Divorce Lawyers You Can Trust

Following a divorce, it is common for ex-spouses to stay roughly in the same town, city, or region. This is particularly important for parents who need still cooperatively raise their children together. However, there are cases when the custodial parent wants or needs to relocate somewhere further away—so much so that the new distance would affect the children's relationship with the non-custodial parent. These circumstances can not only become contentious but can have a dramatic effect on the future of children and parents alike.

If you are a parent facing a relocation issue, then it is essential that you have vigilant and knowledgeable counsel by your side. Our compassionate and experienced Indianapolis divorce attorneys at Keffer Hirschauer LLP are ready to advocate for you and on your children's behalf. We are experienced, hands-on litigators who are well-versed in presenting a case in the courtroom.

Our team ensures that your family's best interests are spoken for during this uncertain time. Don't wait to retain the counsel this matter deserves. Contact us at (317) 857-0160 today.

Relocating with Your Children

If you are a custodial parent looking to change your residence, you must files a Notice of Intent to Relocate with the court 90 days before moving. Please note that this is necessary even if the move is within the current town or city where you already live.

For non-custodial parents, if the custodial parent is trying to relocate, it could result in reduced parenting time opportunities. For the custodial parent, relocation of the non-custodial parent could mean your children are deprived of important bonds with their other parent. Regardless of the situation, these legal matters must be handled with care because there are many factors involved which may have caused the need for relocation.

Relocation is often sought due to the following factors:

  • Remarriage
  • Job opportunity or loss
  • Cost of living
  • Protection

    In the event that the non-custodial objects to the move, then you will have to appear in court and provide a legitimate reason and proof that the move is in the children's best interests. Approval of this reason is up to the judge's discretion, but fairly standard reasons are often accepted: a new job opportunity, a new relationship, to be closer to family, etc.

    Objecting to a Relocation

    If you are a non-custodial parent who wishes to object to your co-parent’s move with your children, then you must file an Objection to Relocation within 60 days following the filing of the Notice of Intent to Relocate. If you object, a hearing will be set and both parents must make their case for and against the relocation.

    Common reasons to object to a relocation include:

    • The relocation will infringe on non-custodial parenting time.
    • There is concern the moving parent is being dishonest about the move.
    • The children are old enough to meaningfully object.
    • The children are already thriving in their current community.

    Please note: by objecting to a relocation, you are communicating to the court that, if needed, you could become the custodial parent of your children. This is rare since the relocating parent seldom moves on without their children, but it is a possible solution the court will consider if needed.

    Contact Our Indianapolis Relocation Attorneys Today

    Whether you are seeking relocation or trying to block the relocation, we can help. We take the time to understand the issues from each side, attempting to help the parties involved reach an amicable resolution. If this isn’t the case, you can rest assured that our firm is capable of handling a matter at trial as we are experienced litigators.

    At Keffer Hirschauer LLP, we are dedicated to helping our clients and their families find the favorable resolutions they need and deserve. We know that matters of relocation can have a huge impact on everyone involved, especially the children. This is why we approach these cases with care and respect.

    Have more questions or concerns over your relocation issue? Start getting the answers and guidance you need—contact us to schedule a free, no-obligation case evaluation now.

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