Legal Question in Family Law in Indiana

dad moves ? visitation

our divorce was final in 1997. my x husband has decided he is moving 2 states away and wants to know how i want to work visitations. in our divorce we have joint custody i have physical custody. i have been told before that he has to file an intent to move with the court before he moves. he doesn't plan on doing that and i want to know if i have to let our child go without the courts ok. if i let him go and he decides not to bring him back, i can't claim kidnapping so what are my options? i want my son to see his dad, just don't feel safe having him so far away. he has medical problems and dad can't handle him most of the time the way it is. please advise!!!

Asked on 5/14/02, 11:47 pm

1 Answer from Attorneys

NiCale Rector Cohen & Malad, LLP

Re: dad moves ? visitation

My reading of the Indiana statute only requires the custodial parent to file a notice of intent to move. Therefore, it appears to me that your ex is under no obligation to give you notice as he is not the custodial parent.

You should work out an arrangement with him so that he can have visitation with the child. You may even want to file something with the Court. Should your husband refuse to return your child then he is in contempt of Court because you are the custodial parent. (However, this is where filing something with the court may help you; otherwise the court assumes that the parties are following the last court order regarding visitation and may be reluctant to hold him in contempt while it is likely that they will order him to return the child to you).

Additionally, Indiana will retain jurisdiction over these matters even though your husband lives out of state. So he cannot take the child out of state in an effort to change jurisdictions and recieve custody.

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Answered on 5/15/02, 10:19 am

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