Question:
How do I deal with an ex-wife who is constantly moving with my children and staying in different places?
She is the custodial parent with the majority of parenting time, but my kids move so much it’s hard to keep up with.
Is there a legal recourse available to me to prevent the custodial parent from relocating?
Answer:
I am unable to give you legal advice on divorce on these matters. However, I can give you general divorce information based on Indiana’s child custody laws where I am licensed to practice.
Regarding the custodial parent moving with the children, where I practice the custodial parent must file notice of the intent to move with the clerk of the court that issued the custody order or parenting time order.
The custodial parent must serve the non-custodial parent with a copy of her notice of intent to relocate not later than 90 days before she intends to move with the children. The non-custodial parent can request a hearing to review and modify the custody order and consider whether a modification is necessary.
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Additionally, the non-custodial parent can file a motion seeking a temporary or permanent order to prevent relocation of the children. If the non-custodial parent disagrees with the custodial parent moving with the children, then he should seek court intervention.
Please understand that my opinions are based upon the limited facts that you provided to me. For legal advice on divorce and child custody laws, I urge you to contact a divorce lawyer.
To set up an appointment with a Cordell & Cordell mens divorce attorney, including Indiana Divorce Lawyer Rachael S. Cunningham, please contact Cordell & Cordell.
