By Sara Pitcher
Cordell & Cordell Indiana Divorce Lawyer
Most, if not all, states require that individuals subject to a parenting time or visitation order must file and serve upon the other party a notice of intent to relocate whenever he/she relocates his/her residence.
Notice Of Intent To Relocate
Prior to relocation, a parent is required to file a notice of intent to relocate. This informs the court and the opposing party of the intended address of relocation, contact information, distance between the current residence and the intended residence, the proposed parenting time schedule following relocation, and the reason for the relocation.
After filing the notice of intent to relocate, there are usually time restrictions put on the opposing party to file an objection to the proposed relocation. Where I practice, the opposing party has 60 days to file an objection.
The court will likely schedule a hearing on the relocation if one party objects and the party seeking to relocate must show that the relocation is in the best interests of the child.
The court cannot prohibit the party from relocating, but the court may prohibit the children from relocating with the other party.
If the party still wishes to relocate after the court denies the request to relocate the children, the court may find it to be in the best interests of the children for the non-relocating parent to have primary physical custody of the children and the relocating party to exercise parenting time with the children.
It is important to note that in some states, regardless of the distance of the proposed move, the notice of intent to relocate must be filed with the court a certain number of days prior to the proposed relocation, such as 90 days. A notice of intent to relocate must be filed any time the physical address of the party is changing, even if the party is simply moving across the street.
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The court will evaluate whether the move would be in the bests interests of the children and make a decision accordingly.
The opposing party must object to the proposed relocation if he wishes for a hearing to be held and evidence heard on whether the relocation is in the best interests of the child.
Otherwise, the relocation will be presumed to be in the best interests of the children.
Your best recourse would be to seek out immediate legal assistance from an attorney who focuses on domestic litigation such as the attorneys at Cordell & Cordell.