Legal Question in Family Law in Indiana

Re: yes there is a question

The bad news is that the court CAN give your ex joint custody and CAN keep you from moving your son. The good news is that the things you mention, if true, are good points in your favor.

Statutes provide that you must give him notice before you remove your son from the area, and then the court conducts a hearing to determine whether to allow it.

The factors the court will consider are the ones you raise: (1) His apparent disinterest in his son (2) the realtionship of son and father; (3) your reason for moving (new job? new husband? family support? etc.); (4) how son and father will maintain contact, and at whose expense .

And another important factor for the court to consider will be where you are going--Ontario? Nuevo Laredo? Moscow? Rangoon? Cuba? As you might imagine, moving to Toronto is a whole different matter than moving to, say...Baghdad.

So, go see a lawyer about this. It's a complicated question.

Re: yes there is a question

First thigns first. Did you comnply with the Indiana Relocation Statute?

That will control whether you can leave the country with your son.

Regarding a modification of custody, any decision would be based on what is in the best interest of your child and whether there has been a substantial and continuing change in circusmstances that makes the original

order unreasonable.

You should review the factors concerning custody and joint custody that you can find in the Indiana Code chapter 31.

You should hire an attorney if you have not done so already. The circumstances that you have described are such that it would be rather difficult for you to proceed and not have an attorney.

Good luck.