Ex is moving with children

[golfdude]

What is the name of your state (only U.S. law)? Indiana

My ex and I were divorced in 2007 and have joint custody of our 3 minor children. My ex started dating someone who lives over 100 miles from where I live (same neighborhood as before the divorce). She sent me a notice on 6/15/09 of her intent to move per Indiana law. According to the Indiana law, I have 60 days to file a motion or something to have the case heard by a judge. I am not sure what proceedure I need to do this. I would hire a lawyer, but I am still paying off the three lawyers who took me to the cleaners in the divorce.

 

[proud_parent]

What is the name of your state (only U.S. law)? Indiana

My ex and I were divorced in 2007 and have joint custody of our 3 minor children. My ex started dating someone who lives over 100 miles from where I live (same neighborhood as before the divorce). She sent me a notice on 6/15/09 of her intent to move per Indiana law. According to the Indiana law, I have 60 days to file a motion or something to have the case heard by a judge. I am not sure what proceedure I need to do this. I would hire a lawyer, but I am still paying off the three lawyers who took me to the cleaners in the divorce.

Start reading here:
Self-Service Legal Center (Indiana Supreme Court)

 

[golfdude]

Thanks for the quick reply. However, I have looked and looked on in.gov and cannot find any information on this. Have you read any threads with a similar situation that I could check out?

 

[proud_parent]

Thanks for the quick reply. However, I have looked and looked on in.gov and cannot find any information on this. Have you read any threads with a similar situation that I could check out?

I have not, but you are welcome to use the search function. You would need to file a motion objecting to the relocation and requesting a hearing.
Indiana Code 31-17-2.2

As you stated you were notified on 6/15/09, you have only until Friday to file the objection. Why have you waited so long to get the ball rolling?

 

[golfdude]

The reason I waited so long to file an objection:

1. 
   My mom had 2 heart attacks since I received her notice and I have been watching over her.
   I have had a difficult time trying to decide what was best for my son.
   I live with my fiance and needed to get her approval before doing anything.

 

[Ohiogal]

The reason I waited so long to file an objection:

1. 
   My mom had 2 heart attacks since I received her notice and I have been watching over her.
   I have had a difficult time trying to decide what was best for my son.
   I live with my fiance and needed to get her approval before doing anything.

You needed to get HER APPROVAL? Seriously? If your fiance is not in accord with YOU on what is in the best interest of YOUR child then you definitely should NOT be marrying her.

 

[Zigner]

The reason I waited so long to file an objection:

1. 
   My mom had 2 heart attacks since I received her notice and I have been watching over her.
   I have had a difficult time trying to decide what was best for my son.
   I live with my fiance and needed to get her approval before doing anything.

Good God man. Grow a pair! What in the h-e-double-hockey-sticks does the FIANCE need to give you permission for?

 

[golfdude]

I understand what both of you have said. The decision was whether having my son live with us would be in his best interest. Also, I live in my fiances house. She owns it. If I decided that I wanted my son to stay with me- she could decide if she wanted me to continue to live with her. If not, I would need to rent or buy a house and move out.

And for what it is worth- my son would rather move with his mom. He is really torn up about the whole thing and still wonder if pursuing this is the best thing.

 

[nextwife]

Maybe if you fought to keep your son there, Mom would rethink moving for her guy du jour.

 

[Ohiogal]

I understand what both of you have said. The decision was whether having my son live with us would be in his best interest. Also, I live in my fiances house. She owns it. If I decided that I wanted my son to stay with me- she could decide if she wanted me to continue to live with her. If not, I would need to rent or buy a house and move out.

Actually you should be thinking about what is best for your son. Not what is best for your fiance.

And for what it is worth- my son would rather move with his mom. He is
really torn up about the whole thing and still wonder if pursuing this is the best thing.

For what it is worth that is why children are allowed to be children and not be put in the middle to be torn up. That is why ADULTS are supposed to be the ones in charge.

 

[Isis1]

The reason I waited so long to file an objection:

1. 
   My mom had 2 heart attacks since I received her notice and I have been watching over her.
   I have had a difficult time trying to decide what was best for my son.
   I live with my fiance and needed to get her approval before doing anything.

i fell out of my chair on this one.

not even i asked my husband to get custody of my two older kids. that was NOT his decision. it was mine. if he didn't like it, he could file for divorce, get me evicted, and file for custody of our two children. it wouldn't have stopped me one bit.

her approval (muttering to myself.....)