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What does IN law say about one joint custody parent

Customer Question
What does IN law...

What does IN law say about one joint custody parent relocating to another state without the consent of the other joint custody parent

Lawyer's Assistant: What steps have been taken? Have any papers been filed in Indiana family court?

No steps have been taken as yet. The parent moving is saying she is leaving the decision whether to go with her or stay with his dad up to the child. But legally, I understand that a child does not have this right in IN. He will be 14 in April

Lawyer's Assistant: Have they talked to a lawyer about this yet?

No, hoping it will not come to that. Neither have money for that unless it will be absolutely necessary

Submitted: 5 months ago.Category: Family Law
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Answered in 14 minutes by:
3/29/2018
Family Lawyer: Sean K, Family Law Attorney replied 5 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,160
Experience: Family Law Attorney in Private Law Firm
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Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

So Indiana has a very specific law that must be followed if any parent of a child is going to move. It doesn't really matter how far the move is but the law is very specific on what need be done well in advance of any move - 90 days.

There is also no component of the law that allows the child to decide.

Notice of the move and a good deal of other specific information must be filed with the court 90 days in advance and sent to the other parent. They can agree or they can object. If they object, a hearing will be set to determine it.

If a parent moves and does not follow this procedure, the Court can order the child returned.

Bottomline is that the procedure has to be followed or it can go really badly for the moving party.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Family Lawyer: Sean K, Family Law Attorney replied 5 months ago

I wanted to reach out and see if there was any additional follow up I could provide. 5 star ratings are always appreciated

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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