Relocation Attorney in Carmel, IN
Want to petition for or stop a relocation? Call our Carmel divorce attorneys.
In 2019, there was a significant change to the law applicable to relocating parents. Presently, if your proposed relocation decreases the distance between you and the other parent, or your proposed move will not increase the distance between you and the other parent by more than twenty (20) miles, and the children’s school will not change, you do NOT need to file a notice of intent to relocate.
If you are the relocating parent: If your relocation will increase the distance from the other parent by more than 20 miles and/or the child’s school would be changed, you will be required to file a notice of intent to relocate. The notice must be filed not less than 30 days prior to your proposed move, or alternatively not more than 14 days after you initially become aware a relocation will be required, whichever date is sooner. Indiana law sets forth specific requirements for a notice of intent to relocate, so you are encouraged to seek counsel to ensure you are in compliance with applicable law.
If you are the non-relocating parent: Time is of the essence if you want to object to the relocation. Once a notice of intent to relocate is filed with the court, a nonrelocating parent is required by Indiana law to file a response within 20 days of receiving that notice. Thus, if you intend to object to the proposed relocation, it is important to contact counsel as soon as possible.
The proposed relocation will be evaluated based on various factors, including:
- Reasons for the relocation
- Distance of the move between all parties involved
- Feasibility of preserving the relationship between the child and the nonrelocating parent or guardian
- Financial hardship and expense for the nonrelocating parent or guardian
- Pattern of conduct by the relocating parent or guardian
Once a relocating parent proves the proposed move is made in good faith, a court will determine whether the proposed move is in the best interests of the child. What constitutes the best interests of a child is unique to each case and as a result, it’s important to contact an attorney as soon as any intended move is contemplated.
Failure to file a notice of intent to relocate or neglecting to file an objection within the required time frame can substantially impact the terms of your custody and parenting time arrangement. Our legal team is dedicated to protecting your child and your rights in all relocation matters and can guide you through the appropriate steps necessary in order to preserve your custody and parenting time rights.
Hamilton County Divorce Attorneys with You Every Step of the Way
Whether it be ensuring your notice of intent to relocate is filed properly with appropriate information, proving the validity of your move, arguing that the move is in the best interests of the child, or contesting the move entirely, our family law attorneys are here to help you every step of the way. Sometimes the case can be as simple as renegotiating the terms of parenting time or child support payments. Whatever your goal may be, don’t hesitate to contact our experienced team at HOLLINGSWORTH ROBERTS MEANS today to see how we can best represent your case.
Want to discuss your case with a Carmel family lawyer? Call us todayat 317.DIVORCE.