For divorced parents in Indiana, the decision to relocate with their children is not a simple one. The state places a strong emphasis on the “best interest of the child” when evaluating relocation cases to ensure the child's well-being is protected. If you are considering moving after divorce, it is crucial to understand how courts determine if relocation is permitted. The assistance of an experienced attorney can help you navigate this process. This blog will discuss the best interest standard for relocating parents in Indiana.
Indiana courts evaluate a number of factors when deciding relocation cases to assess if the proposed move is truly in the child’s best interest. The best interest standard includes the distance and reason for relocation, the potential for preserving the child’s relationships, the motives of both parents, the child’s wishes, the enhancement of the child’s quality of life, and the proposed revised parenting time schedule. While every situation is unique, the courts’ sole priority is ensuring relocation will positively impact the child’s life. Proper preparation and demonstrating a legitimate need are essential for success.
The further away the move, and the more disruptive it is to the child’s life, the more scrutiny it receives. Legitimate reasons like job opportunities or being closer to family are viewed more favorably. Courts want to ensure the child can maintain existing meaningful relationships with the other parent, grandparents, etc. An inability to do so may count against relocation. If one parent seems vindictive or is relocating to interfere with the other’s parenting time, that raises concerns. The court aims to prevent any ulterior motives. While not the sole factor, the older and more mature the child, the more weight their preference carries. Relocations that seem to genuinely enhance the child’s living situations, schooling, familial support, etc. are viewed positively. A realistic schedule enabling the other parent to still exercise parenting time after the move must be provided.
Overall, the burden falls on the relocating parent to demonstrate, with substantive evidence, how and why the move is necessary and beneficial for the child’s wellbeing. Given the complexity and high stakes involved, if seeking relocation with your child it is advisable to work closely with an experienced family law attorney. They can evaluate your specific circumstances, gather supporting evidence, and provide guidance on developing a strong, comprehensive case that persuasively argues the relocation is truly in your best child’s interest. The attorneys at Ciyou & Associates, P.C., have immense experience with relocation matters in family law throughout the state of Indiana. We are here to help you navigate your relocation matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.