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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27235
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My ex and I have joint custody of our son. I enrolled him

Customer Question

My ex and I have joint custody of our son. I enrolled him in school previously and he settled in to a routine with both the ex and I driving him to the school when we both have him respectively. Now that there is a new school year coming up my ex wants to move across state lines and send him to school there. I have not agreed to this. Does she have the rights to do this?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma.

You very likely do not have to agree to the request for your ex to relocate out of state with your child.

What state do you and your son presently reside in?

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27235
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Indiana is where I live and send my son to school.
Expert:  LawTalk replied 2 years ago.
Good morning,

Under Indiana law, your ex must file a Notice of the Intent to Relocate out of State with the clerk of the court that issued the custody order or parenting Order.
She must also send you written notice of her intent to relocate at least 90 days before the planned move.

If you object to the relocation of your child, you have 60 days from receipt of the Notice to file an Objection with the court. the court will then have a hearing to determine whether the relocation will be allowed.

Some of the issues the court looks at when a parent seeks permission to relocate out of state with their children are as follows:

1. Whether the move would result in a better quality of life the children
2. The extent to which the remaining parent exercises visitation rights with the children.
3. Whether that parent is willing to allow their children to spend longer, though less frequent, visits with the other parent, if the court approves the relocation.
4. Whether the child will be in close proximity to extended family members at the new location.
5. The quality of education and the quality of life the child would have access to at the new location.
6. That the relocating parent is prepared to pay for the increased expenses associated with the children’s traveling to and from visits with the other parent.
7. And, that the relocation is not simply an attempt to limit the other parent’s time with the children as some sort of punishment or attempt to be controlling.
8. Always, the primary consideration for the court is whether the move would be in the best interests of the children.



Additionally, here is a link to a summary of the relocation law in the state of Indiana:

http://www.in.gov/judiciary/center/education/library/domestic-relations/custody-relocation/presentation.pdf


You will want to have a local family law attorney represent you in the event that she does file and serve the notice---so that you can strongly attack the intended move.

I wish you the best in 2011.

Doug
Customer: replied 2 years ago.

So my parent's can babysit, can my son use his grandparent's address to enroll in the school near their home or would I have to change my mailing address to their address also.
Expert:  LawTalk replied 2 years ago.
You generally must provide a physical address for school registration purposes---and actually live at that address with your son---in order to register in the school district. Changing a mailing address is not enough. You can be charged with criminal fraud if you get caught pulling a fast one, I;m afraid.

Doug

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