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Preventing your ex-spouse from moving with your kids

Many of the divorced dads that we here at Schembs Law work with may not only be concerned about losing custody of their kids, but losing contact with them altogether should their ex-wives choose to relocate. If you share this same concern, you may be relieved to know that Indiana state laws requires both you and the court to be involved in your ex-spouse’s decision to move.

According to the Indiana Administrative Code, if your ex-wife wants to relocate with your children, she must first file a petition with the court that either issued your custody ruling or is currently hearing your case. That petition must include her proposed new address and telephone number, when she plans to move, why she intends to move, and a proposed visiting schedule to allow for your continued involvement in your kids’ lives. That petition must also be sent to you, stating that you have 60 days from receiving it to file an objection to the move as well as a request to modify your custody order. Your objection to the proposed relocation will then prompt a hearing where both you and your ex are allowed to present a case.

In the hearing determining whether or not to allow the move, the court will consider the following factors:

  •          The distance of the move.
  •          The hardship and expense it may place on you to continue with your awarded parenting time.
  •          How likely your parental relationship will be preserved if the relocation is approved.
  •          The reason for the move (as well as your reasons for opposing it).
  •          Whether your ex-wife has tried to interfere with your relationship with your kids in the past.
  •          The best interests of your children.

You can learn more about preserving your parental rights by continuing to browse through our site. 

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Robert Schembs
22 E. Washington Street
Suite 610
Indianapolis, IN 46204

Phone: 317-643-6266
Fax: 317-536-0651
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