My wife and I are in the middle of a child custody case. She told me she has decided to take the children and move out of state to her mother’s home.
Is there any statute that says the kids have to stay in the county where the child custody case is being heard?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
The relocating parent must provide a notice to the court stating their intended relocation date, address, the impact on parenting time, and other required information. The statute in my state requires this notice at least 60 day prior to the relocation, if possible.
If you become aware of your wife’s relocation after a child custody or divorce case has been initiated, you may file an objection to her proposed relocation even if she has not filed her Notice of Intent to Relocate. The court will schedule a hearing on the matter, and it is possible to request that she be prohibited from removing the children from the state prior to the hearing.
The court cannot stop your wife from moving but they can determine that it would not be in the best interests of the children to move and prohibit the removal of the children from the state.
The court will hear evidence on the intended relocation, including the reason for the proposed relocation, the impact on each parent’s parenting time, information on the employment opportunities available to the relocating individual, information on the school district in the area of the proposed relocation, and any other information that may have an impact on what would be in the best interests of the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.