Can I move out of state with my children after a divorce?

In Indiana any party to a custody case must file a notice of relocation any time they intend to move. The notice is supposed to be filed 90 days before your intended move. Once the other party receives your notice, they have 60 days to respond to the notice. If they object to your relocation, they can file a motion to modify the custody case because of the relocation. Often if a party is moving across state lines this will occur. The court then decides whether the move is made in good faith and is in the best interest of the children. If the court finds that it is not made in good faith, or it is not made in the best interest of the children, they will likely modify custody so the non-custodial parent is now the custodial parent.

– Answered by Jaimie Cairns of Cairns & Rabiola

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