Indianapolis Child Relocation Attorney and Mediator
You may or may not need an attorney in the event of relocation. By statute, both parents must give written notice of their intention to relocate at least ninety (90) days prior to his or her intended move, even if it is just across the street. The notice must be sent by certified mail to the Court that has jurisdiction over the children and to the other parent. It must include the information set forth in the statute, including but not limited to the reason for the move, the new address and phone number, and how parenting time might be impacted by the move. Be sure to check the statute to make sure you include all the necessary information in your Notice.
If the other parent has no objection to the move, he or she need do nothing and the existing custody, parenting time and child support orders will remain in effect. In this case, no attorney is needed.
If the other parent objects, he or she may seek modification of custody, parenting time and child support based on that party’s belief that relocation is not in the child’s best interests. In that event, both parties will need the assistance of an attorney and you are most likely looking at litigation.
The burden of proof falls first to the moving party, who must show that the relocation is made for a good reason. If the moving party meets that burden, then the burden of proof switches to the objecting party, who must show that it is not in the child’s best interests to relocate. In such case, the court then must consider all the factors that go into custody modification as set forth at Indiana Code 31-17- 2- 8.
Be sure the attorney you are interviewing is familiar with the case law concerning this topic. While you won’t need a “shark,” you will most likely need an attorney with successful litigation experience.
Carol offers free consultations and will schedule flexible appointments in order to accommodate your work schedule. Schedule your FREE consultation today.