Tens of millions of Americans move every year, whether it’s for family reasons, a new job, an educational opportunity, or any other reason. Many of us moved many times when we were younger, but moving, like so many things, became more complicated once we had children. If you have children and you have gone through divorce, moving becomes even more complicated.
Parental relocation
Under Indiana law, a parent who has, or is trying to obtain, custody of a child has a legal obligation to keep the other parent aware of their address and ways to communicate with them. (This same duty applies to grandparents or others who are seeking custodial rights, but for the purposes of this blog post, we will consider only the parents.)
If a parent seeks to move with the child to a new address that is more than 20 miles away from the other parent they must give notice to the court. Typically, they must also give notice to the other parent. If the nonrelocating parent agrees to the move, there is usually no problem. But, if the nonrelocating parent requests it, the court must hold a hearing to determine whether it will allow the relocation.
The court can prevent you from moving?
This concept can strike many Americans as bizarre, but a court can prevent a parent from moving. When both parents have parental rights, a move to a new city more than 20 miles away can have a serious impact on the nonrelocating parent’s parental rights.
At the hearing, both parents have an opportunity to present their arguments for or against the move. The court can order the parents to go to mediation, or it can decide the matter, based on a list of factors including:
- How far away the parent and child are moving
- How this move will affect the other parent’s rights
- The relocating parent’s stated reasons for the move
- The nonrelocating parent’s stated reasons to oppose the move
- The history of the parties
Ultimately, the most important factor is the court’s determination of the child’s best interests. If the court finds that the move is in the best interest of the child, it will approve the relocation. Typically, this requires modifying the child custody order.
Know your options
It’s always best for parents to avoid this kind of legal dispute by discussing relocation in advance and working out their differences without going to court. But, in many cases, that is not possible.
Divorced parents who are considering moving with their children can speak to experienced professionals about their options.