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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39155
Experience:  Retired (mostly)
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I'm seeking legal information about relocating my child with

Customer Question

Hello, I'm seeking legal information about relocating my child with myself and husband. We have already relocated one time to South Korea, because my husband is in the military. We filed relocation papers and the non-custodial parent didn't object to the move. I was concerned if I would have to file another relocation file or if the first one would cover every move since we are a military family and could move within weeks notice. We are trying to stay within Indianas legal boundaries, but also in the process of trying to move courts to North Carolina where we will be locating
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.


Indiana Code § 31-17-2.2-1 and § 31-17-2.2-3 require that 60-day notice of a proposed child relocation must be provided to the other parent, so as to permit that parent to object in court to the relocation.

However, if you have relocated in the past without objection, then you have already set a precedent that would make it very difficult for the other parent to contest your move. Regardless, the law requires notice -- though, case law suggests that even where notice is not provided, the court is generally reluctant to force a parent who has already moved with a child to return to the jurisdiction from which the relocation occurred.

Bot***** *****ne, notice is required, but you have the better argument, if the other parent objects.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 1 year ago.

Happy Holidays.