Change of Custody and Moving

[falcon2270]

My wife is going to court to get a change of custody order. Currently, she and her ex have joint physical and legal custody of their two daughters. However, they decided that the girls would stay with us Mon-Fri because of school and he would have them 3 out of 4 weekends. She has a court date set up for the hearing, however a new development has come up where I have been offered a great job out of state and must move. We want to know what we have to do to allow us to take the girls with us. Does she notify the court of her intentions when she goes to the hearing? Does she have to wait to find the outcome of the hearing first?, etc...

 

[dorenephilpot]

The laws may be different in your state, but in Indiana, you must notify the court AND the ex at least 30 days before the proposed move of more than 100 miles away.

If the ex gets notice of the move and doesn't object, then you're probably golden.

If he does object, he will ask the court for a hearing, at which time you will be given an opportunity to explain why it's in the best interests of the children to move to the new state and that these benefits outweigh the more regular contact they have w/their other parent now.

Best of luck to you....

 

[Welda]

AZ law too?

Does this same rule apply for AZ. My sister is looking to move from AZ to WI. Can she just give the dad a notice and if he contests, then he has to file? Or does she have to go through the courts to get this done?

 

[dorenephilpot]

I don't know.

I can only speak to how things are in Indiana....

Sorry.