Legal Question in Family Law in Indiana

what are my rights on moving 150 miles out of the county

I am currently going through a divorce and just had my provisional hearing and was awarded temp custodial custody of my 15mo old son with visitation to the father which consists of two three hr days and one ten hr day every week. and i was awarded child support. i want to relocate to another county to better myself and give my kids a better living. he did not have an attorney for this hearing but claims to now have one. i have been told i have to put the move in writing to him and the courts in order to get permission to do it. i want to move in with another guy for whom i have known for awhile now, my kids adore him and he is very good to them. what are my chances and with proof that i can make my business that i own prosper and earn more profit do i have to get this accomplished. he has already stated that he would fight me on it, but im wondering just how much proof and what proof he needs to be able to stop me from doing this, mind you it wont happen till the divorce is final. thank you


Asked on 1/16/04, 4:01 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: what are my rights on moving 150 miles out of the county

The law is very clear that a parent contemplating moving away (out of state or more than 100 miles away) must file a notice with the divorce court prior to the move, which specifies the new address. No matter what you think about how great it will be to move in with a new "guy" and take your children with you prior to your divorce being granted, the court will have other views and take into consideration - most likely the main factor that it is bad enough on the children for the parents to separate and be getting a divorce, but the introduction of a new father figure is to put it bluntly TACKY. This is not a well thought out plan and it is never fair to the children to introduce them to the new person in your life during such trying times. The court will also consider how well the children are adjusted to their present home and community and will not take into consideration your desire to begin a new relationship at this time.

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Answered on 1/19/04, 9:35 am


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