Indianapolis Child Relocation Attorney
If a child that is subject to a custody order lives with you, you do not have the legal right to move without court approval. This applies whether you are moving across town or across the country.
In some ways, this could seem to be overly restrictive, a matter that should not be the business of the state. However, it is important to remember that both parents in a divorce case have rights regarding their children and that the children themselves may have misgivings about too much separation from the non-custodial parent.
At Trapp Law, LLC, we know what is at stake in child relocation cases and will take every possible measure to help you avoid a contentious future with your ex-spouse. Indianapolis family law attorney Angela Trapp understands the sensitive nature of child relocation and she is committed to protecting your best interests and the wellbeing of your child.
Before You Move
If you are a party in a custody case and you are planning to move, you must file a Notice of Intent to Relocate 90 days prior to the date you intend to move. This applies no matter how nearby or how far away you plan to relocate. When the notice is filed, the other parent has 60 days to file an objection to the relocation. If no objection is filed, that’s the end of the story. However, if the non-custodial parent does object there will be a court hearing on the matter. Each of the parties will have an opportunity to explain their side of the story.
Making Your Case
No matter which side of this discussion you are on, it’s very important that you have guidance regarding the arguments presented at your hearing. Ultimately, the decision regarding what will happen is in the hands of the judge. You may have very good reasons for wanting to move (or objecting to a move), but if they are not communicated clearly and logically you could have a very disappointing decision from the judge.
This is especially true if there is any chance that you and your ex-spouse are likely to become angry with one another in the course of discussing these issues. Angela Trapp can help you manage the situation to strive to avoid escalating disagreements, and that the hearing sticks to the facts.
The Two Sides of the Coin
The party that is intending to relocate will need to convince the judge that there is a legitimate reason for the relocation and that there is no element of spite. Legitimate reasons could include a better job, moving nearer to other family members, etc.
The party that is objecting to the relocation will need to make a convincing case that the relocation is not in the best interests of the child. The arguments that could be made are specific to each case, but some possibilities include:
- You have reason to believe that once the child is relocated, your ex-spouse will make it difficult for you to maintain a strong relationship with them.
- You believe the child has strong ties to the community where they now live and that breaking these ties will not be in their best interest.
- You have reason to believe that an older child has their own reasons for not wanting to relocate.
The final determination will be made by the judge. If relocation is approved, it may be advisable to renegotiate visitation rights and child support payments. We can help you through every detail of this process.
Contact Trapp Law, LLC for Help
At Trapp Law, LLC, we work closely with our clients in relocation matters and focus on maintaining civility and avoiding the contention that often occurs. We invite you to meet with us to discuss a relocation issue, whether to content a former spouse’s intention to move, or if you need to relocate for your career or other reason. Our rates are affordable, and our experience in court can be of great benefit to you in these important matters.