Legal Question in Family Law in Indiana
can custodial parent move kids out of state?
My exwife and I have been divorced for 2 years now. We have 4 sons who have been hinting to me that they are moving with their mother to Atlanta, Georgia. She has never mentioned this to me however I am wondering if it is true. I am current with my childsupport and have regular visitation rights. although she is the custodial parent can she do this without any permission from me or the court?
1 Answer from Attorneys
Re: can custodial parent move kids out of state?
The short answer is yes. The longer answer is, of course, a bit more complicated. First, if either of you move more than 100 miles from the court whre you were divorced, notice has to be given to the court. Visitation will need to be modified. The ex-wife has a constitutional right to leave the state and so she cannot be kept her at the pleasure of either you or the court. If the move is not in the best interests of the children, then you need to file a petition to modify custody and see if the court agrees with you. Generally speaking, the court where you got divorce keeps jurisdiction over the case.
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