Can My Wife Move The Kids During Our Child Custody Case?

Noblesville Indiana Divorce LawyerQuestion:

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.

Preventing Relocation:

Can She Move Away With The Kids?

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

End of Content Icon

2 comments on “Can My Wife Move The Kids During Our Child Custody Case?

    Stop Her From Leaving!
    When my nephew’s mother broke up with my brother, she threatened to leave the state. I told my bro immediately to CALL A LAWYER and file a petition to stop her from leaving. His stupid azz did not listen, and she took off for another state. Now she is constantly moving, has had him locked up for back child support (so now HE looks like the bad guy), and my bro has no idea where his son is. He has not seen his son in over a year.

    Meanwhile, my son, who is only a couple of years younger than his, has never met his cousin, because of a psycho mom and a lackadaisical dad who could have prevented this whole situation but failed to act.

    GUYS — PLEASE take heed to the lesson above. Don’t sit around and let your baby’s mamas screw you over. If my brother had listened to me when I first gave him this advice, his son would be in his life today.

Leave a Reply

Your email address will not be published. Required fields are marked *