Legal Question in Family Law in Indiana

I am currently engaged to my fiance who is in the military, we are also expecting a child together. We plan on getting married within the next 6 months. He is stationed in Kentucky, 4 hours from me, in Indiana. I have a 4 yr old daughter with my ex-husband who lives in IN. I want to move me and my child to KY and still be able to allow him to have his weekend visitation. I have sole legal and physical custody. We agreed upon that since I have always been the primary caretaker and decision maker for my daughter. My ex-husband also gets one day a week that he has her. I have discussed us moving out of state and he will not agree with me on any sort of arrangement. I have even offered to do all the traveling, take away his child support, he can have her in the summer to make up for the weekly visitation and I will make sure he still sees her every other weekend. I want my child to be able to grow up around her sibling, not to mention, she would be in culture shock if she spent every day with her father, he works 70 hour weeks and is unable to do all of the things that I do for my child. I want him to have regular visitation with her as I think that is very important for not only him but my child. She loves her dad and I would never want to hurt that relationship, I just want to try and make this work for all of us. Any advice? Or do you even think that there is a chance of me being granted access to move with my child?


Asked on 6/04/12, 1:05 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

1. You can always provide the court with notice required under Indiana law and see if your ex does object. Ultimately this is a judge's call. If you can do every other weekend still, that will probably work out.

2. DO NOT trade child support for parenting time. You are not allowed to do and it is a bad idea.

3. Moving away will affect his relationship with his daughter as she grows up. It is useless to pretend that it won't. Your position for the court is that you are trying to balance the pluses and minuses for all concerned.

4. You shoudl sit down with a family law attorney in your community before going any further.

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Answered on 6/06/12, 1:10 pm


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