Parental Relocation Attorney in Carmel
Representing Parents in Relocation Cases
Parents who have established custody and visitation arrangements can face challenges if they decide they want to relocate. Understandably, this can cause a rift between parents.
Whether you are the parent requesting permission to relocate or the non-relocating parent, Hains Law, LLC can help you with your case. We have over a decade of experience representing parents in child custody and relocation cases. Schedule a free, no-obligation consultation with our parental relocation attorney in Carmel to learn more about your rights and options moving forward.Call (317) 588-2883 now to get started.
Filing a Notice of Intent to Move
If a parent wants to move – whether it is across the street or across the country – they are required to file a notice of intent to move. This requirement applies to custodial and non-custodial parents. The notice of intent to move must be filed and provided to the non-relocating parent 90 days before the proposed relocation date. Within 60 days after receiving the notice, the non-relocating parent may object by filing a motion to modify custody. If the non-relocating parent takes no action, the relocating parent may move to the new residence.
If the non-relocating parent files a motion to prevent relocation, the relocating parent must first prove that the proposed relocation is made “in good faith and for a legitimate reason.” If this burden is established, the non-relocating parent must show that the proposed relocation is not in the child’s best interest.
Factors to Consider in a Relocation Case
If you and the other parent cannot agree on a relocation request, the matter will go to court for a judge to decide. Indiana courts always act in the child’s best interests.
In considering a proposed relocation, the court must weigh many factors, including:
- The distance of the request move
- How the move would affect the non-relocating parent’s parenting time or visitation
- How feasible it would be to preserve a relationship between the non-relocating parent and the child
- Whether the relocating parent has ever tried to impede the non-relocating parent’s contact with their child
- Why the relocating parent is seeking to move
- Why the non-relocating parent is opposing the move
- The child’s age
- The child’s wishes (if they are at least 14 years old)
- How the move would affect the child’s relationships with other family members
- How the child would adjust to a new home, school, and community
- Every party’s mental and physical health
- Any evidence of domestic violence
- Evidence that the child has been cared for by a de facto custodian.
After a full evidentiary hearing, the court will either grant or deny the relocation. In relocation cases, the court must receive specific facts regarding the moving plans and how the child would benefit and or suffer from such a change in residence.
Contact Our Custody Lawyer Today
Relocation cases are emotional and require detailed planning to ensure that the child’s best interests are protected. With so much at stake, you owe it to yourself and your child to put your case in the hands of a skilled parental relocation attorney in Carmel. In your time of need, you can count on Hains Law, LLC to serve as your voice and stand up for your rights.
Contact us at (317) 588-2883 today to request a free phone consultation.