Relocation is a complex part of child custody in Indiana

On Behalf of | Dec 12, 2019 | Child Custody

Divorce is a life-changing experience for everyone involved. This is true for the former spouses and children. Once the divorce has been completed and other issues, such as child custody, child support, spousal support and property division, have been decided upon, many might believe the case is final and they can move forward. However, that is not always the case.

For some, there are disagreements about whether a parent can relocate with a child. These can be challenging emotionally for everyone from the relocating parent, a parent who has concerns or outright objections to the relocation and the child. It is a sound decision to have legal assistance.

Many factors are considered with a proposed relocation. Indiana courts prefer not to cause undue disruption to the child. That disruption can include a new school, new neighborhood and being a greater distance away from the non-custodial parent.

Still, a parent who wishes to relocate can do so if there are sound reasons for it. For example, if the person wants to live near his or her family; there is a job opportunity; or a new marriage, these can all be viable justifications for the relocation. There are also reasons the court will weigh for the non-custodial parent lodging an objection.

The objecting parent can say that the distance is too significant; that the children are not mature enough to handle such a move; and that the relocation will have a negative effect on the child’s best interests. Of course, the relocating parent can rebut these objections.

When there are disputes about a relocation, the relocating parent will generally need to have an approval from the court to relocate. The objection will also be heard. Child support can also change.

It is also possible that the parents can negotiate an agreement that each side will find sufficient. For example, there could be a change to the visitation schedule, where the parent who is relocating allows the child to spend holidays with the other parent or be with the other parent for the entire summer. Regardless of the situation and the issues that are part of the process, a relocation can be difficult for everyone. With a child custody and family law case involving relocation, it may be beneficial to have legal advice from the start.

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