Question:
My wife and I are currently getting divorced. I live in Colorado while she lives in Indiana where the divorce has been filed. She has filed for temporary custody of our children who are currently with me in Colorado.
My question is do my kids have to be in Indiana where the divorce is filed until custody is decided or can I wait for the judge to make a decision on temporary custody?
Answer:
First let me preface my answer by stating that I am not licensed in the state of Indiana, although Cordell & Cordell does have attorneys who are licensed in the state of Indiana and would be happy to discuss your case with you.
In most states, when a divorce is filed, the parties should continue to live their lives as they always have until they agree otherwise or the Court orders something different. In a situation like yours, unless the Court ordered the children to be brought to the state of Indiana, then there would be no reason to take them to Indiana unless you and your wife agreed otherwise.
However, you should contact an attorney in Indiana to ensure that there is not a statute or rule of civil procedure that would require something different.
Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
