Legal Question in Family Law in Indiana
X wife to move child out of state against father wishes
X wife is planning to move 3 year old son out of state against father wishes,can she do this?
And what do I need to do to prepair for this?
I see him 50% of the time.
1 Answer from Attorneys
Re: X wife to move child out of state against father wishes
If the divorce was handled in Indiana, she must notify the court AND you in writing 30 days before the move.
Then you will have an opportunity to ask the court to have a hearing on the issue, where she will get an opportunity to explain why it's in the child's best interests to move, and you will get an opportunity to explain why it is not.
If she moves without proper notice, you might be able to successfully petition the court for custody -- or for mom to be on the hook for paying the travel expenses, since she's the one who chose to move without court permission.
Hope this helps!