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Parental Relocation

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. 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 prior to the proposed relocation date. Within 60 days after receipt of 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.

Hains Law, LLC can help you through this complex process and fight for what is best for your family. Call us today at 317-688-1305 to speak to an experienced Carmel custody lawyer, or contact us online now.

Parental Visitation and Relocation Proposal Process

In considering a proposed relocation, the court must weigh the following factors:

  • The distance involved in the proposed change of residence.
  • The hardship and expense involved for the non-relocating parent to exercise parenting time or grandparent visitation.
  • The feasibility of preserving the relationship between the non-relocating parent and the child through suitable parenting time and grandparent visitation arrangements, including consideration of the parties’ financial circumstances.
  • The relocating parent’s established pattern of conduct to either promote or thwart a non-relocating parent’s contact with the child, if any.
  • The reasons provided by the relocating parent for seeking relocation and non-relocating parent for opposing the relocation of the child.
  • In addition to the list above there are other factors that may affect the best interest of the child, including:
  • The age and sex of the child;
  • The wishes of the child’s parent or parents;
  • The wishes of the child, with more consideration given to the child’s wishes if the child is at least 14 years of age;
  • The interaction and interrelationship of the child with other family members, including parents, siblings, and other important relationships;
  • The child’s adjustment to home, school and the community in general;
  • The mental and physical health of all individuals involved;
  • Evidence of a pattern of domestic and family violence by either parent; and
  • 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 be provided with specific facts regarding the moving plans and how the child would benefit and or suffer from such a change in residence.

Contact a Carmel 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 only the most skilled family lawyers in your area. If you are seeking a Carmel custody lawyer to assist with your case, call Hains Law, LLC at 317-688-1305, or contact us online now.