Legal Question in Family Law in Indiana
My husband's ex-wife alleges to be "dying" of cancer. We want to relocate to my hometown, where we have a large support system, and where their minor child loves spending time (with my family, which has children around his age). I know, in Indiana, we have to file a notice of intent to relocate, but what are the chances of prevailing, since the non-custodial parent has the opportunity to object to same? We are certain his ex-wife will object, regardless of her supposed health situation, if for nothing more than to make our lives as difficult as possible (as she has done relentlessly for years, even after her "diagnosis"). Further, she claims she is completely incapacitated. Will our relocation intentions be hampered by an effort to obtain temporary full physicial custody of the minor child?
1 Answer from Attorneys
As long as there is a legitimate reason for the move, it is not likely that the court will turn down a move as long as you comply with the Relocation Statute. A number of months ago I wrote an article on my blog www.todayslawalert.com recgarding the statute and you may want to read the post.
If you are suggesting that she will seek temporary full custody, a delay could occur. Whether it does will depend on all of the issues and what the judge's practice is in such situations.
Good luck.
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