What You Need to Know About Moving Your Child Custody Case Out of Indiana

In accordance with Article 21 Uniform Child Custody Jurisdiction Act, if a custody determination was made by an Indiana Court, then Indiana has continuing jurisdiction over the child custody matter. If you have a child custody matter that has been determined by an Indiana Court and you no longer live in Indiana, there are necessary steps you must take to change the jurisdiction to your residing state. Changing jurisdiction of a child custody matter requires specific steps that align with the current Indiana statutes governing continuing jurisdiction. Having an experienced attorney, who is familiar with changing jurisdiction, will ensure that all proper steps are taken to request a change in jurisdiction of your child custody matter. This blog explores the process of changing jurisdiction and the statutory requirements.
First, you must know the procedural considerations for child custody matters. Indiana Code 31-21-3-1 provides, “[a] child custody determination made by an Indiana court that has jurisdiction under this article binds each person who has: (1) been served with notice in accordance with Indiana law; (2) been notified in accordance with section 3 of this chapter; or (3) submitted to the jurisdiction of the court; and who has been given an opportunity to be heard. A child custody determination described in this section is conclusive as to the decided issues of law and fact except to the extent the determination is modified.” Simply put, if your initial child custody matter was determined by an Indiana court, then Indiana maintains jurisdiction over the matter. So, if all parties to the matter move out of the state of Indiana, they are still bound by the Indiana courts for future litigation. There are specific steps you must take to request a change in jurisdiction.
Furthermore, Indiana Code 31-21-5-2 explains that, “(a) [e]xcept as otherwise provided in section 4 of this chapter, an Indiana court that has made a child custody determination consistent with section 1 or 3 of this chapter has exclusive, continuing jurisdiction over the determination until: (1) an Indiana court determines that: (A) neither: (i) the child; (ii) the child’s parents; nor (iii) any person acting as a parent; has significant connection with Indiana; and (B) substantial evidence is no longer available in Indiana concerning the child’s care, protection, training, and personal relationships; or (2) an Indiana court or a court of another state determines that: (A) the child; (B) the child’s parents; and (C) any person acting as a parent; do not presently reside in Indiana.” The Indiana court must make the determination, which means you must file a motion with the court laying out the statutory elements for your request to change jurisdiction. This can become a contentious issue if both parents are no longer in Indiana and also not in the same state. Both parents can request a change in jurisdiction to their currently residing state and the Indiana court will make the determination. It is crucial that your request is compelling and effective to show the court why a change of jurisdiction is necessary.
Consequently, requesting a change of jurisdiction can be crucial to your child custody proceedings if one or more of the parties to the matter do not live in Indiana anymore. There are reasons why people would want to change the jurisdiction to the state that they live in instead of keeping the case in Indiana. One reason, seemingly obvious, is convenience. It may be more convenient for the parties to litigate the case in the state in which they live, instead of commuting to Indiana when required. The need for an experienced attorney is crucial here to ensure that you are properly requesting a change in jurisdiction for your child custody matter. The attorneys at Ciyou & Associates, P.C. have an ample amount of experience and training in exclusive continuing jurisdiction in child custody matters throughout Indiana. We are here to assist you and your family in changing the jurisdiction of your child custody matter. This blog was written by attorneys at Ciyou & Associates, P.C. and this blog is not intended as specific legal advice or a solicitation of services, as this is an advertisement.

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.

What Our Clients Say About Us

Contact Us