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heatherrose
recently joined

Reged: 02/22/12
Posts: 3

Relocation with kids

#778269 - 02/22/12 05:20 PM

I live in Indiana and recently got engaged. My fiance lives 45 minutes away. we have always talked about where we would live if/when we got married. i have three kids and he has one. we are now engaged and found the perfect house with the perfect location for both of us. the only problem is it is in a different county and about 38 miles away. i have joint custody of the kids. i have them a week, my ex has them a week. i work 3 minutes from their school and it is a private school so that wont change. neither will visitation. we bought the house and i filed the intent to move. my ex fully intends to fight it. do u think he could possibly win this?

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Renny
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Reged: 09/24/11
Posts: 479

Re: Relocation with kids

[Re: heatherrose]
#778371 - 02/24/12 02:44 PM

Your ex will probably move for a full hearing. This is the relevant statuteIC 31-17-2.2-5
Motion to prevent relocation; burden of proof
     Sec. 5. (a) Not later than sixty (60) days after receipt of the notice from the relocating individual under IC 31-14-13-10 or this chapter, a nonrelocating parent may file a motion seeking a temporary or permanent order to prevent the relocation of a child.
    (b) On the request of either party, the court shall hold a full evidentiary hearing to grant or deny a relocation motion under subsection (a).
    (c) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.
    (d) If the relocating individual meets the burden of proof under subsection (c), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.
    (e) If the nonrelocating parent fails to file a motion under subsection (a), the relocating individual who has custody of the child may relocate to the new residence.
As added by P.L.50-2006, SEC.7.

I see no reason to change the shared custody arrangement you already have because of the move.

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