Full question:
I am a resident of Indiana. My wife is having the custody of my 3-year-old daughter. She intends to relocate to a new place, which is quite far from here. I will not be able to do weekly visit. What is the remedy available for me to prevent this relocation?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Indiana
Answer:
In Indiana, if a parent wants to relocate with a child, the nonrelocating parent can file a motion to prevent this relocation after being notified. The court will then hold a hearing. The parent wishing to relocate must prove that their move is made in good faith and for a legitimate reason. If they succeed, the burden shifts to the nonrelocating parent to demonstrate that the relocation is not in the child's best interest.
According to Indiana law (Burns Ind. Code Ann. § 31-17-2.2-5):
- A nonrelocating parent has sixty days from receiving notice to file a motion.
- The court will conduct a full evidentiary hearing if requested by either party.
- The relocating parent must prove their case first.
- If the nonrelocating parent does not file a motion, the relocating parent may proceed with the move.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.