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Can I Move out of State With My Children without My Ex’s Consent?

Choosing to relocate with your children is a big life decision, especially following a divorce. Whether you’re hoping to move to “start fresh,” lower your living costs, follow a job opportunity, or to be closer to family, your ability to leave Indiana with your children depends significantly on where your current parenting situation stands.

Before you make your decision to move out of state with your children, be sure you don’t impede on their other parent’s legal rights. Keep reading to learn more about your rights to relocate without your ex’s consent.

Where Does Your Current Child Custody Situation Stand?

The first thing you have to look at when deciding to move out of state with your children is where you and your children’s other parent currently stand. Are you on speaking terms? Do you have a legal custody order from the court?

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If you’re without legal custody orders, you are essentially free to do whatever you want without legal consequences. Now, that goes without saying that doing so without informing your ex could open a can of worms that could lead to more problems. Additionally, you cannot withhold your children from their other parent, and doing so could come with legal trouble.


If you have an existing custody order, there are some rules you must follow if you wish to move out of state.

  1. You must be the custodial parent if you’re planning to relocate.

  2. You cannot move out of state with your children if you have limited visitation rights without having your custody agreement modified.

  3. You must be able to follow your current parenting plan, or you must have your orders modified.

Inform Your Ex of Your Decision

Finally, if you wish to relocate, you must give written notice to your children’s other parent that you are planning to move out of state at least 60 days prior to your move. From there, your children’s other parent has 30 days to object the move through the court. If they object, a family law judge will hear the case in court, and a decision will be made based on the children’s’ best. Additionally, other individuals with visitation rights (grandparents or other relatives) can object to the move.

RMRK Legal Is Here to Help

We understand that it’s common to want to “begin again” following your divorce. Unfortunately, there are often roadblocks that prevent you from doing so. If you’re looking to relocate with your children, the compassionate Indiana family law attorneys at HOLLINGSWORTH ROBERTS MEANS are here to help.

Call us today at (888) 211-3888 to learn more about how our team can help with your situation.