Legal Question in Family Law in Indiana
ex-wife wants to move to Switzerland with child
My husband's ex-wife called and said she and her husband are thinking of relocating to Switzerland for a year with my husband's 12 yr old son (and their own 2 children).Her husband company has a position available there. My huband has worked very hard to maintain a close relationship with his son since their divorce 10 yrs ago.My husband pays his child support regularly and takes full advantage of his visitation rights, even asks his ex-wife for extra visitation when school holidays permit. However, his ex-wife has gone out of her way time and time again to try to prevent a healthy relationship between them. What are my husband's rights as the non custodial parent? Can she take his son out of the country without his permission?
2 Answers from Attorneys
Re: ex-wife wants to move to Switzerland with child
Indiana law requires her to notify both the court and your husband in writing at least 30 days before the scheduled move.
If your husband contests the move, then he can ask for a hearing.
At the hearing, the burden will be on her to show why the move is in the best interests of the child.
If she doesn't meet that burden and still wants to move, then the court will tell her that the child cannot move or that if she moves, the child will come to live with dad.
If she's serious about this move, I would suggest he get an attorney on board.
Re: ex-wife wants to move to Switzerland with child
In part this will depend on whether the Mom has sole custody or not. However, she must still file notice with the court and if your husband objects this will have to go through the courts. Yet, the court's do understand that these issues do arise with blended families and will try to take a fair aprroach to the matter.
If allowed to leave the country, ex-wife will have to bear some or the the whole expense of travel for the child to visit Dad back in the states over the two year period.
If you wish to discuss this further, please contact my office at 317 686-0000.
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