Legal Question in Family Law in Indiana

Re: divorce & child custody issues

In order for you to move out of state, you have to get one of two things accomplished: 1. Get written, notarized permission from the child's father for the move and file that w/the court.

2. Petition the court for permission to move out of state and then go to the hearing and convince the judge that the move is going to be in the child's best interests.

Chances are that if the father contests the move because he feels it will cut down the time of visitation and therefore the relationship, that the court will be unlikely to approve the move for the reasons that you cited.

In order to approve a move over the father's wishes, the court has to see that he hasn't done much to sustain a relationship w/the child or that the child will still see him regularly (plane trips, etc., that you would most likely be required to fund) if he DOES have a relationship there, that the child will be better off in the new state (i.e. you have such a fantastic job offer that it's a no-brainer that you should take it, which would benefit the child).

Otherwise, the court looks at the father-child relationship as being more important than your need to run away to another state to get away from the current husband.

Sounds like a tough situation. Let me know if you have other questions. OK?