Moving From Indiana to South Carolina

[alwayscarolina]

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

Here is the thing. As of recently my job offered me a transfer back to South Carolina in light of some things that have been going on here, the transfer comes with a raise. My daughter was born here in Indiana where we've been living since her father kicked us out two years ago. He sees here rarely and only when I call. I have sole custody and there is no court ordered visitation. Of course I plan to notify him that I am moving out of state, but I don't want to get charged with kidnapping... which most people I talk to don't seem to thing will be a problem since I have sole custody and there is not court ordered visitation, however I want to cover all my basis and make sure. So I am asking here. Thanks.

 

[Ohiogal]

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

Here is the thing. As of recently my job offered me a transfer back to South Carolina in light of some things that have been going on here, the transfer comes with a raise. My daughter was born here in Indiana where we've been living since her father kicked us out two years ago. He sees here rarely and only when I call. I have sole custody and there is no court ordered visitation. Of course I plan to notify him that I am moving out of state, but I don't want to get charged with kidnapping... which most people I talk to don't seem to thing will be a problem since I have sole custody and there is not court ordered visitation, however I want to cover all my basis and make sure. So I am asking here. Thanks.

Are there ANY court orders at all for custody?

 

[LdiJ]

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

Here is the thing. As of recently my job offered me a transfer back to South Carolina in light of some things that have been going on here, the transfer comes with a raise. My daughter was born here in Indiana where we've been living since her father kicked us out two years ago. He sees here rarely and only when I call. I have sole custody and there is no court ordered visitation. Of course I plan to notify him that I am moving out of state, but I don't want to get charged with kidnapping... which most people I talk to don't seem to thing will be a problem since I have sole custody and there is not court ordered visitation, however I want to cover all my basis and make sure. So I am asking here. Thanks.

The rule is that you have to give dad 90 days notice. Then, if dad objects to the move it will be up to him to file in court to attempt to stop the relocation. If he rarely sees her, and has never filed for any visitation, then its not too likely that a judge will deny your relocation, but you do have to follow the rules.

 

[Ohiogal]

The rule is that you have to give dad 90 days notice. Then, if dad objects to the move it will be up to him to file in court to attempt to stop the relocation. If he rarely sees her, and has never filed for any visitation, then its not too likely that a judge will deny your relocation, but you do have to follow the rules.

But isn't that ONLY if there are any court orders in existence?

 

[LdiJ]

But isn't that ONLY if there are any court orders in existence?

Not for parents. For third parties with visitation yes, only if there are any court orders.

However, I did just go back and review the statute, and it looks like it has been revised again. The 90 day notification requirement appears to have been completely removed (there is nothing there at all that indicates any time frame) and the language seems less clear to me.

I think OP should get a consult with a local attorney.

 

[alwayscarolina]

There are no court orders for custody at all, in Indiana since we weren't married I automatically had custody. The transfer goes through next week after thanksgiving since that's when they need me down there.