Legal Question in Family Law in Indiana

Joint Custody, Father's house is being foreclosed

50/50 joint physical custody. Father's house is close to being foreclosed on due to him not paying his mortgage. How can I find out when he receives his notice to vacate? Is this a public record? Is he required to give me notice before moving to a new residence? How much notice? Also, could this consistute a change in custody if he does not have a home?


Asked on 9/29/04, 2:26 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Joint Custody, Father's house is being foreclosed

Only where the custodial parent is moving more than 100 miles or outside the state is notice and court permission required. However, it stands to reason that both parents must know where the other resides (particularly when there is joint custody) and a parent moving to a new address ought to give the other parent the new address as soon as he or she knows what it will be as well as the date of moving. Not everyone does so. The Parenting Time Guidelines (and even older versions of Visitation Guidelines) usually require that the addresses be exchanged. If the mortgage company has filed suit for foreclosure, it takes about 3 months for a judgment to be entered and another 2 to 3 months for a foreclosure sale and it is up to the buyer to request that the former owner move out. If the other parent does not wish to discuss this problem with you and you believe that it impacts significantly on your child and his welfare, you need to file a petition to modify physical custody.

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Answered on 10/01/04, 9:03 pm


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