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:
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.