Legal Question in Family Law in Indiana

Re: Moving to Floida, joint custody

You say you share joint custody. Is that joint legal custody or joint physical custody?

The age at which the judge gives great weight to where a child wants to live is 14. However, your daughter is close to that age, so he would at least listen to what she has to say.

As far as a move, if you are moving more than 100 miles away, you must secure permission from the court for the move. The move has to be based on reasons such as a better job, health needs, etc. It cannot be based on a desire to "get away" from the other spouse or to complicate visitation.

If the judge OKs the move, then you will obviously have a different visitation schedule than the guidelines provide. Those details can be worked out by agreement or by court order.

You should be aware that if you DO move away, there's a much greater chance that the court will order that your daughter visit your husband for lengthy periods, such as an entire summer.

Or he might decide to change the custody arrangements, though that's less likely if she is doing well with you, seems happy, is doing well in school, etc.

You will definitely need to get an attorney involved in this situation.

Please e-mail me or call me if you have further questions. OK? I'm at [email protected] and (317) 486-4578.