Indiana Out-of-State Move Attorney
Couples who are divorced often ask, “How does a parent moving out of state affect child custody?” As an Indiana out-of-state move attorney experienced in family law, CLLB Law is well-positioned to answer this question. Why would a parent move out of state? There are many reasons a person may need to relocate. Commonly, it’s a job opportunity, but it can also be because of a medical need, a new relationship, an ailing family member, the chance to start fresh, or simply a desire for a change of scenery.
Whatever the reason, the situation gets significantly more complicated if you have a custody agreement with the other parent. As the move affects someone else’s parenting time and your child’s life, these are important factors that must be considered.
To discuss your case, call Church Langdon Lopp Banet Law at (812) 725-8226 today.
Why Choose CLLB Law for Your Relocation Case?
Being highly experienced family law attorneys with offices in Kentuckiana, our team understands the emotional challenges associated with a typical child custody case. However, when you add in a situation where one parent wants to move the child far away from the other parent, the emotions ratchet higher quickly. Our Indiana custody relocation lawyer knows just how important this situation is to you and your kids. We prepare as thoroughly for your case as we would if we were representing our own family members.
Attorney Dana Eberle-Peay is the leader for our team regarding family law cases like this. Having gone through her own divorce more than a decade ago, she can see the case from your side. She can anticipate some of the questions and concerns you may have, yet she also knows that each case is unique. That’s why she takes the time to get to know you and to learn about your goals for the outcome. Learning more about you gives our Indiana out-of-state move attorney the ability to create a strategy that fits you, your family, and your individual case.
We Promise to Work Tirelessly for You
After our clients’ cases come to a conclusion, we appreciate it when they leave us client reviews. We believe strongly in giving our clients personalized service and support, both legally and emotionally, and we see the results of these efforts in the testimonials our clients provide for us.
We would encourage you to read our client reviews, so you can see how we represented our past clients. Although it would be unethical for us to promise that we will win every concession you want to see in your case, we can promise we will work as hard as we can to try to win every concession. Our Indiana out-of-state move attorney does not shy away from tough cases, as we embrace helping all our clients in whatever way is the best for them.
How Our Indiana Out-of-State Move Lawyer Can Help You
While some aspects of the law are easy to understand with very little gray area, family law cases rarely are clear-cut. Many factors enter into a child custody case that are unique to you and your situation, causing judges and the court to pay close attention to the details.
That’s where our Indiana out-of-state move attorney can provide a significant benefit to you. We take pride in our ability to present the facts in the case to the court in a way that shows the importance of the aspect of the case that we are arguing. You can be certain we will do our homework on your case, preparing our arguments for the court in a way that matches up with Indiana’s child custody relocation statutes and that shows why your desires for the outcome are the correct ones.
Our Indiana Out-of-State Move Attorney Can Help the Parent Moving Or The Parent Staying in Indiana
Some people believe that they can perform negotiations on their own with their ex-spouse regarding an out-of-state move with the kids. What often happens, though, is that the reasons for arguments that may have occurred during the marriage appear again, potentially causing a worsening of the relationship. Our team can help to dial down the emotions from both sides, leading to a more professional negotiating session that moves toward what we hope will be a favorable resolution for you.
When moving, both parents have a continuing duty to keep the other informed of address, phone number, and email changes. While both parents have rights, when making decisions regarding custody, visitation, and relocation, Indiana courts focus on the child’s best interests. We can represent either the custodial parent or the non-custodial parent in out-of-state custody relocation cases.
Custodial Parent Moving Out of State Child Custody Situation
If you are the custodial parent looking to relocate, your decision will be guided by the Indiana Notice of Intent to Relocate statute. Those involved in custody orders, parenting time orders, grandparent visitation orders, or child support orders are required by the statute to file a notice with the proper court (if the move is more than 20 miles from the other parent’s home and requires a change in the child(ren)’s school), outlining their intent. Notification should be filed with the court where your custody agreement was finalized.
Non-custodial Parent Moving Out of State Child Custody Situation
In Indiana, the law requires that non-custodial parents moving out of state also file a notice with the court about the planned relocation if the move is more than 20 miles from the other parent’s home and requires a change in the child(ren)’s school. This information must be shared with the custodial parent, too. Quite simply, the process is very similar to what is required of the custodial parent.
Our Indiana out-of-state move lawyer is ready to discuss your case with you today. Call CLLB Law at (812) 725-8226.
How to Get Permission for Relocation of Custodial Parent in Indiana
The relocation of a custodial parent in Indiana can be a complex situation. In most cases, the parent who wishes to move needs to send an official notice to the non-relocating parent. The notice needs to include all pertinent information. Our Indiana custody relocation lawyer is ready to help with all these items.
Our Indiana Out-of-State Move Attorney Will Follow the Indiana Rules of Trial Procedure
We must file and serve the notice on each non-relocating individual who is a party to the action, in accordance with the Indiana Rules of Trial Procedure not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner.
Our Indiana Out-of-State Move Lawyer Can Help with Sending Notice
We must send the notice to any non-relocating individual who is not a party to the action by registered or certified mail not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner.
Our Indiana Out-of-State Move Attorney Handles All Required Information for You
We must provide the following information in the notice.
- The intended new residence, including the address and mailing address of the relocating individual, if the mailing address is different from the address
- All telephone numbers for the relocating individual
- The date that the relocating individual intends to move
- A brief statement of the specific reasons for the proposed relocation of the child
- A statement that the relocating individual either does or does not believe that a revision of parenting time or grandparent visitation is necessary
- A statement that a non-relocating parent must file a response regarding the relocation of the child with the court not later than twenty (20) days after service of the notice, as required in statute IC 31-17-2.2-5.
Additionally, we must adhere to the following statements.
- A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child
- A statement that a non-relocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order
- A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.
Our Indiana Out-of-State Move Attorney Represents You at Any Hearings
Adherence to the above rules does not guarantee a smooth transition. The non-custodial parent may object to the move, in which case both parties must present evidence of their side at a hearing. The burden of proof is placed on the parent wishing to relocate. If the judge deems the need for relocation legitimate, it becomes the responsibility of the other parent to prove that the move is not in the best interests of the child.
What Does Our Indiana Custody Relocation Lawyer Focus on With the Court?
The court will hear the case for relocating. When you hire us, trust that our Indiana out-of-state move attorney will stand by your side during all hearings in front of the court. In making any decisions, courts in Indiana carefully review many factors relating to the move, including:
- Distance involved: How far will the parents live from each other?
- Expenses and hardships: Will the non-relocating parent be negatively affected in terms of the ability to exercise parenting time or visitation?
- Relationships: What is the feasibility of relationship preservation for the child and the non-relocating parent?
- Contact history: Does the relocating individual have a history of promoting or discouraging the non-custodial individual’s contact with the child?
- Underlying factors: What is the reason for relocation and the reason for any objections?
- Child’s best interests: The judge will consider anything else that may affect the child’s interests, including his or her age and desire to move.
How Does a Parent Moving Out of State Affect Child Custody?
When one parent (be it custodial or non-custodial) moves out of state, child custody can be affected. At the very least, based on the move’s distance, your parenting arrangement will need to be updated. Because every family dynamic is unique, each case is different. That said, the court generally rules in favor of whatever maximizes quality time with each parent.
If the proposed move is just a couple of hours away, adjusting the schedule is likely less complex than a cross-country relocation. Sometimes simply adding some weekends and vacations to the current custody arrangement is possible.
If the distance is significant, it’s common for the court to decide that there is value in spending considerable time with the other parent in the form of all school vacations as well as ensuring extended lengths of time during routine visits.
CLLB Law Can Help with Less Common Situations, Too
There is another less common solution in which all the custodial individuals move. This isn’t usually feasible, but in some amicable custodial situations, it may be worth considering. No court has the power to order the relocating person to stay in town. But no matter what the current custody division is, modifications might be a necessary byproduct of parental relocation. This may even mean giving primary custody to the non-relocating person. If this is your preference, our Indiana out-of-state move lawyer will be ready to present facts to show why this is in the best interest of the child.
It should be noted that with any out-of-state child custody relocation objection comes the willingness on the part of the non-relocating parent to take on primary custody if the court rules in his or her favor.
Our Indiana Out-of-State Move Attorney Can Help with Child Custody and Relocation Issues
Whatever your situation, the Indiana out-of-state move attorney at Church Langdon Lopp Banet Law can help. We understand the issues and can guide you through the custody process, regardless of how difficult or hopeless it may seem. We will work closely with you and help you make the best decisions possible. We understand the law regarding the relocation of a custodial parent in Indiana, and we can help you navigate this process.
Last but not least, while we are based in New Albany, we provide services all around Indiana with child custody attorneys in Clarksville and child custody lawyers in Corydon. In addition, you can also trust our Jeffersonville child custody attorneys to answer all your questions about relocating and child care.
For skilled and knowledgeable representation, contact us at (812) 725-8226 or complete our online form. We proudly serve communities throughout Kentucky and Indiana.
Attorney Dana Eberle-Peay
Dana is a native of Southern Indiana and is deeply devoted to Kentuckiana. After spending most of her life in Floyds Knobs, she has also lived in Greenville, New Albany, and Georgetown. Allowing Dana to become familiar with every town of Floyd County. She oversees the Family Law practice area for CLLB, and she firmly believes that helping families is her destiny. [ Attorney Bio ]