Merrillville Family Relocation Lawyers
Parenting after divorce can come with its fair share of challenges. One of the biggest you could encounter is when either you or your former spouse want to move. While you can move, you typically need to notify your former spouse and an Indiana family law court before and demonstrate how the move would be in your kids’ best interests.
No matter the reason you decide to move, our team at Robert A. Plantz & Associates, LLC, can help you with any legal challenges or obstacles you encounter when making the case to relocate with your child. Our goal is to promote what is in your and your kids’ best interests, and we can help you in your efforts.
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 your own and ask the court to approve it, which may be possible 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 Is A Notice Of Intent To Relocate?
This is a document that a custodial parent of a child must file before moving to a new location with the child. Typically, custodial parents in Indiana must submit this intention within at least one month of the date they plan to move. We can help review the notice to make sure everything is filled out properly. On the other hand, if you are the parent receiving the notice, we can help you draft a formal response and evaluate the notice for any errors it may have that you wish to address.
What Information Is Included In A Notice Of Intent To Relocate?
Typically, these notices include:
- A stated reason for relocation
- A statement on whether changing parenting time/scheduling is necessary
- The address the custodial parent intends to move to
- The date that the custodial parent plans to move
- Any contact info updates from the custodial parent
Learn more about how we can help you address this notice, whether you are sending it or receiving it. You can do so by calling 219-561-0263.
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.
We Can Help You With This Emotional And Complex Process
If you have additional questions and concerns about parental relocation and out-of-state custody, contact Robert A. Plantz & Associates, LLC, online or at 219-561-0263 for a free initial consultation*. Our Merrillville office serves clients throughout northwest Indiana. Call to speak with a lawyer today.