Legal Question in Family Law in Indiana

Intent to relocate.

I have been offered a job in Florida in a medical clinic. I live in Indiana right now. I have filed my intent to relocate and my kid's father disputed it and we have to go to court. He also put on the papers that I am not allowing him to see the kids right now. I have been calling him and everyone else to get a hold of him for the past 3 months and he has never returned my calls. He finally got the kids this weekend. He has been missing a lot of visitations with the kids in the last almost 2 years. He gets them every other weekend and on holidays. I feel that even if I move he will be seeing the kids the same amount of time that he is seeing them now. He has done nothing good for the kids. He keeps threatening me. The last one happened last week when he told me that my face would get deformed if I did not shut my mouth. All I kept asking him was when he was going to see the kids. This was all done by emails because he was not answering my phone calls. He keeps lying. His girlfriend says that they do not live together. Which I know for fact they do. They have no electric right now. Which I will not allow my kids to be in that kind of living. Do I have a good chance at getting approved to relocate or am I just wasting my time? Please help. Any help will do. I want to move by next summer. This is when I will graduate from college. I have tried to better myself and he has done nothing. He stated that I will not let him see the kids if I moved. He also stated that he has no transportation, which I knew, so I even offered to bring the kids to him and pick them up. He is 33 years old and does not own a drivers license. This is his choice. He says that he can not pass the written test. Which he has not tried in over 10 years. So I feel that this is not my fault that he can not provide transportation. With me not wanting to leave until next summer, I feel that gives him enough time to get his priorities in order. He is a dishwasher and has never had any other job. He does pay child support. ($63.00 a week for 3 kids) I am trying to pursue a better life and he is trying to stop me from doing this. I also have a lot of family in Florida and it was where I was born. I have always planned to go back. Thanks for your help. Please feel free to contact me at [email protected] or on here. Thanks so much .


Asked on 9/13/10, 1:42 pm

1 Answer from Attorneys

The burden of proof is on you to show that the move is being made in good faith and not to deny the father his rights. The fact that you have a job and family in Florida probably satisfies that burden. The father will then have the burden to show that it is not in the best interest of the children to move. It sounds to me that the move is very important to you and it would probably be a good idea for you to hire counsel even if you have to borrow money to do so. You may want to check my blog www.todayslawalert.com as I believe that I wrote about the Relocation Statute.

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Answered on 9/18/10, 9:38 pm


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