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Moving During or After the Divorce - Indiana's Relocation Statute 2007

      The 2006 Indiana General Assembly overhauled the statute on relocation for parents with children. The changes are:
  1.  The statute changed to require notice of any move - regardless of the distance. 
  2. The statute does not limit its notice requirement to custodial parents.
  3. Also, the statute does not require a hearing unless requested by either party.
  4. The statute provides protections if there is a risk of substantial harm to the parent or child by disclosing any of the required information.
  5. Lastly, the statute has the potential for a rather serious penalty for custodial parents who do not give the proper notice. 
      Within #5 lies the major problem for a relocating parent who has custody of children:  grounds for a change of custody.  Without giving proper notice, the court can order the child not to be moved out of state or order the child returned to the non-custodial parent pending a hearing .

    For those of you who do not have a divorce case but a paternity case, this statute applies to you.

     I suggest you contact an attorney  whenever you think you will be moving - even if the move is only across town. 

     My fees will depend on the county and if the other spouse files a petition to modify custody, but they will vary between $600.00 (Madison County and no custody petition) to $5,000.00 (custody petition filed and looking at certain counties).  You need to call me to get a more accurate fee quote:  765-641-7906.

     I have been writing about this statute on my Indiana Divorce & Family Law Blog.  To reach those articles, just follow this link.