Legal Question in Family Law in Indiana

I wanted to know, as best you can advise me, about a custody issue. My husband and I separated, but not divorced. He has given me custody of our 5 year old, since he is disabled and could not take care of her. She has Down Syndrome and requires substantial attention. She currently lives me and her two sisters (from a previous marriage). I want to move to Ireland next summer to be closer to my family. We have no family or support base here. He lives in Texas and we live in Indiana. He has only visited her once in the last two years and he does not pay support (He works full time). I have found the following information from the Indiana Code:

IC 31-17-2.2-1

Notice of intent to move residence; modifying orders; attorney's fees

Sec. 1. (a) A relocating individual must file a notice of the intent to move with the clerk of the court that:

(1) issued the custody order or parenting time order; or

(2) if subdivision (1) does not apply, has jurisdiction over the legal proceedings concerning the custody of or parenting time with a child;

and send a copy of the notice to any nonrelocating individual.

Does this apply if we are only separated, not divorced? Since he has agreed for me to have custody of her, without any agreement for visitation etc, what will his legal rights be if I just leave without his permission? Will he be able to put a stop to it? (There is no agreement on paper and we do not have a lawyer)


Asked on 9/28/09, 8:26 am

1 Answer from Attorneys

I would have to research the issue. However, you really should get everything in writing and give him disclosure and a parenting plan. In theory, he can drive from Texas to Indiana and does not need a passport, your move is a significant one.

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Answered on 9/28/09, 7:52 pm


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