A question often asked by parents who are operating under a custody order from a court is, “may I move to another county or state, and take my children with me?” The answer to the first half of that question is yes. Courts typically allow freedom of movement for parents who wish to move to another jurisdiction. As to the second part of that question, however – “may I take my children with me?” – the answer goes back to that famous legal dictum: it depends.
The first place you will need to look to gain insight would be to your actual custody order. Some orders explicitly bar either parent from taking the children in question beyond a certain geographical reach. Carefully examine your court order on custody to determine whether or not it addresses this issue. If it does not, then you will need to follow certain procedures to notify the court and the other parent of your proposed move.
The relevant Indiana laws on this topic are found at Indiana Code § 31-17-2.2, known as the Indiana Relocation Statute. These laws mandate that any parent who intends to relocate with children must first file a Notice of Intent to Relocate with the court that issued the custody order, and also provide such notice to the other parent. This must be done at least ninety days before the actual move. Once this notice has been filed, the non-custodial parent will be able to submit an Objection to Relocation with the court, which must be done within sixty days of the initial filing. If the non-custodial parent objects to the move, then the court will set a hearing on the matter.
At the relocation hearing, the court will take evidence and testimony from both parents, and other witnesses. The court will weigh the moving parent’s right to relocate for better opportunities, against the non-custodial parent’s right to see their children and be a part of their lives. The court will also look at other factors such as the distance involved, the parents’ record of cooperation and adherence to court orders, the age of the children, etc. The court will base its decision on what it feels to be in the best interests of the child. The court could choose to leave the current custody order in place, particularly when the proposed move is within the same city or county. However, the court would probably be more likely to modify the custody order to account for the move, if it feels this is in the best interests of the child. Such a modification could include changes to the visitation schedule already in place, or even changing the custody arrangements altogether.
Custodial parents considering a significant move should carefully think through the possible implications of such a move, and should also be careful to follow the notification requirements of I.C. § 31-17-2.2. While courts will rarely prevent an adult from moving to a different county or state to pursue their own personal objectives, courts will not be so flexible when it is proposed that children be included in the move. A court will look at each situation on its own merits, and act in the best interests of the child.
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NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
