What Are My Legal Options If I Want To Move With My Child?

A common thread through any child custody issue is whether a certain decision will serve the best interests of your children, and that applies to relocations as well, which means that a denial is the default response to a request for relocation. This is because like courts in other states, those here in Indiana hesitate to disrupt the children's lives.

That does not mean that you won't be able to relocate, though. You may seek the permission of the court, and if your reasons are sound and compelling, the court may grant your request. The other parent will have the opportunity to object and present reasons why the move should not take place. The court will look at the following factors at a minimum:

  • The distance between where you currently live and where you wish to move
  • The maturity level and ages of each of your children
  • Whether the relocation will improve your children's quality of life

Of course, you and the other parent can come to an agreement on our own and ask the court to approve it, which it may if it proves to be a good decision for the children. One thing the court will look for in any agreement is arrangements for the other parent to spend time with the children.

What If My Ex Wants To Move Away With Our Child?

Your ex must follow the same procedures you would in order to relocate with the children. If you agree with the move, then the two of you may enter into an agreement and present it to the court for approval. Again, you need to include a plan regarding how you will exercise your parental rights and spend time with the children.

If you don't agree with the move, your ex will need to seek court approval in order to relocate legally. You have the right to object to the move. The court will consider your parental rights and the need for your children to have contact with you.

Another consideration is child support. If the amount of parenting time for the one not relocating drops, the court may order a corresponding increase in child support.

If you have additional questions and concerns about parental relocation and out-of-state custody, contact Robert A. Plantz & Associates, LLC Attorneys and Counselors at Law, online or at 219-561-0263 for a free initial consultation (excluding landlord-tenant requests). Our Merrillville office serves clients throughout northwest Indiana. Call to speak with a lawyer today.