Personal circumstances largely influence the nuances of custody arrangements. Frequently, parents see each other regularly, possibly even multiple times a week, to exchange custody after they divorce or separate. Parents establishing a schedule for custody exchanges and judges resolving disputes about the allocation of parental rights and responsibilities often focus primarily on the best interests of the children.
Judges usually want to see parents cooperating to raise their children together. They frequently expect parents to share information about their children and embrace a shared custody schedule. Eventually, one of the parents may decide they want to move. They might leave Indiana to pursue a better job in another state or to be closer to their immediate family members for practical support.
Those who share custody often worry about co-parents making unilateral decisions that could cut them off from their children. Does someone who is subject to a shared custody order have the right to relocate with their children even if it disrupts an established parenting schedule?
Relocations generally require approval
Parents intending to relocate with their children must provide advance notice. They generally need to communicate with the other parent and also with the courts well in advance of any proposed move. Fulfilling this requirement provides the other parent with an opportunity to raise objections or propose alternate arrangements.
Typically, any move that increases the distance between the parental households or takes the children more than 20 miles away from their current home may be significant enough to require pre-authorization. The other parent might agree that the move is necessary and likely to benefit the children.
If they do agree, then they can work with the other parents to make any necessary adjustments to the custody arrangements for the family. If they disagree about the move, then the family may require the review of the judge to settle the matter.
Judges consider the current custody arrangements and how the move might affect everyone in the family. They consider the best interests of the children, including the need to maintain a relationship with both parents. They may consider the impact of the move on shared custody and on the child’s secondary relationships.
Parents may need help preparing to present their perspective in family court and to advocate for their relationship with their children, and that’s okay. Learning more about how the Indiana family courts handle complex child custody matters can help people recognize when they may need to assert themselves and their parental rights.