Legal Question in Family Law in Indiana
Full physical custody-leave state?
I have full physical custody, joint legal. Child visitation is by county guideline. In the divorce decree nothing is said about leaving the state.
Can I leave the state without repercussions?
Of course when asked he said ''No I could not go,'' which was the scripted answer.
1 Answer from Attorneys
Re: Full physical custody-leave state?
Indiana law requires that a parent with custody or physical custody give notice to both the court and the non-custodial parent when moving out of state. If the non-custodial parent does not request a hearing within the statutory time, then the court is not likely to disagree with your decision and to send the child with you. There is nothing to prevent you from leaving with the child except a court order, but some of our judges believe you should request a hearing before leaving especially when the other parent has said "don't go".
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