Relocating

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Relocating

Unread postby Tom Kirkpatrick » Mon Dec 11, 2017 1:28 pm

OrigamiDragon wrote:Just the standard Indiana guidelines on relocation.
Which are.....??

You are on the threshold of discovering, "standard guidelines" are not good enough, which is why we recommend geographic restriction, preferably to your local school district.

Tom
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Re: Relocating

Unread postby OrigamiDragon » Mon Dec 18, 2017 9:08 pm

He's in Kindergarten, and struggling to get caught up.

hoosier_dad wrote:Residences tend to open up following the school calendar, more so in the spring but sometimes at the year-end break. Any chance you can hold out in a temporary situation until something opens up in the May timeframe?


I can't wait, I have the paperwork to close signed to turn in tomorrow. Just hoping for any last minute advice.
Tom Kirkpatrick wrote:
OrigamiDragon wrote:Just the standard Indiana guidelines on relocation.

Which are.....??

You are on the threshold of discovering, "standard guidelines" are not good enough, which is why we recommend geographic restriction, preferably to your local school district.

Tom


In theory she has to give notice to move him and I would file for primary if it would remove him from his current school. I don't want to monitor her or be monitored, and it turns out it is really more around the corner than across the street. Still incredible anxious.

Need a last minute review, sorry and thank you in advance.
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Re: Relocating

Unread postby LovingDadof2 » Tue Dec 19, 2017 8:10 am

OrigamiDragon wrote:In theory she has to give notice to move him and I would file for primary if it would remove him from his current school.
I would never go with an "in theory" clause. Get it in there now! If one parent moves out of the school district, the other immediately becomes parent of primary residence for school purposes. This is in your childs best interest (so kiddo doesn't have to change schools). Saying I'll file for primary after the fact is way too risky and burdensome.
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Re: Relocating

Unread postby Tom Kirkpatrick » Tue Dec 19, 2017 2:28 pm

OrigamiDragon wrote:In theory.....
I smell compromise. This mindset needs to change, Bro.

OrigamiDragon wrote:.....and I would file for primary if it would remove him from his current school.
Your current order makes it incumbent upon you to Show Cause. Mother, on the other hand, can do as she pleases - without giving it a second thought.

OrigamiDragon wrote:I don't want to monitor her or be monitored.....
In this game, It's not what you like or don't like. It's about best interest.

Tom
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Re: Relocating

Unread postby hoosier_dad » Tue Dec 19, 2017 3:19 pm

OP is correct on Indiana relocation law. His ex must file even if she moves next door, and give him certified notice of the filing 90 days before the move with specific information. He then has 60 days from receipt to file an objection to the relocation which triggers a hearing.

With the current Indiana relocation statute and substantial case law punishing relocating parents that do not follow the statute, he is extremely unlikely to ever get a Judge to order a distance restriction or any type of automatic trigger on custody based on a relocation.

His best route to prevent a relocation is to move within their current school boundaries or be prepared to move within the boundaries immediately upon receipt of a relocation notice.
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Re: Relocating

Unread postby OrigamiDragon » Thu Jan 04, 2018 7:02 am

hoosier_dad wrote:OP is correct on Indiana relocation law. His ex must file even if she moves next door, and give him certified notice of the filing 90 days before the move with specific information. He then has 60 days from receipt to file an objection to the relocation which triggers a hearing.

With the current Indiana relocation statute and substantial case law punishing relocating parents that do not follow the statute, he is extremely unlikely to ever get a Judge to order a distance restriction or any type of automatic trigger on custody based on a relocation.

His best route to prevent a relocation is to move within their current school boundaries or be prepared to move within the boundaries immediately upon receipt of a relocation notice.


Before I have even filed paperwork for my move, since the lease is not finished yet (should be done today), she filed to relocate to a nearby township with a different school system. She filed yesterday and states she will move no later than Feb 1st. It was served to my lawyer and an address from 4 years ago, found out about it so quick by calling the clerk. She lied in the document stating her lease expired (she terminated with a written letter) as the expediency factor and the only reason was I was moving to the same neighborhood.

We have joint legal, and she is making severe school decisions unilaterally. Is this enough to go for primary custody? Do I file objection immediately, or wait until after she moved but within the 60 days? Should I can el my moving plans because the court will let the mother do as she pleases despite no best interests of my son?
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Re: Relocating

Unread postby hoosier_dad » Thu Jan 04, 2018 8:26 am

OrigamiDragon wrote:Is this enough to go for primary custody? Do I file objection immediately, or wait until after she moved but within the 60 days?


Are you in a position to quickly move within your children's current school boundaries so they would not need to change schools?

Did she provide all of the required information in her notice:

(a) the intended new residence, including the:
(i) address; and
(ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).
(b) the home telephone number of the new residence.
(c) any other applicable telephone number for the relocating individual.
(d) the date that the relocating individual intends to move.
(e) a brief statement of the specific reasons for the proposed relocation of the child.
(f) a proposal for a revised schedule of parenting time or grandparent < parenting time > with the child.
(g) a statement that a parent must file an objection to the relocation of the child with the court not later than sixty (60) days after receipt of the notice.
(h) a statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent < parenting time > order, or child support order.
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Re: Relocating

Unread postby OrigamiDragon » Thu Jan 04, 2018 9:18 am

hoosier_dad wrote:
OrigamiDragon wrote:Is this enough to go for primary custody? Do I file objection immediately, or wait until after she moved but within the 60 days?


Are you in a position to quickly move within your children's current school boundaries so they would not need to change schools?

Did she provide all of the required information in her notice:

(a) the intended new residence, including the:
(i) address; and
(ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).
(b) the home telephone number of the new residence.
(c) any other applicable telephone number for the relocating individual.
(d) the date that the relocating individual intends to move.
(e) a brief statement of the specific reasons for the proposed relocation of the child.
(f) a proposal for a revised schedule of parenting time or grandparent < parenting time > with the child.
(g) a statement that a parent must file an objection to the relocation of the child with the court not later than sixty (60) days after receipt of the notice.
(h) a statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent < parenting time > order, or child support order.


Yes, should have keys today. I've been shuffling paperwork to change from same block to same neighborhood (lost some time and money but better for everyone).

Yes her letter contained the appropriate clauses. She proposed no change and the statement was her lease naturally expired and she wished to move away because I was moving into a location that was too close. GAL already said that reason won't hold water with her (jokingly suggested I move to the new neighborhood instead). She served my lawyer and an address from several years ago (having moved twice since then) and the lease was terminated by request not expiration.

There has been no communication from the mother about this except accusations and denying daily phone calls (established for over half a year now) when I informed her I was going through the process. His school starts again next Monday, but it seems she may have already physically moved. She uses a babysitter for getting him to the bus (she doesn't know I know this yet) so I have no reason to believe she will carpool him (or if he would be allowed to attend from her out of district address).

Trying to keep a level head. How is this likely to play out?
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Re: Relocating

Unread postby hoosier_dad » Thu Jan 04, 2018 9:45 am

OrigamiDragon wrote:How is this likely to play out?


If you file an objection it boils down to two primary decision points:

"the relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason."

"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."

The GAL has hinted that your ex's reasons for moving won't hold water. Do you have a copy of the lease termination letter? What role if any is the GAL performing in your divorce today?

It would be well worth the money to get a consult with an attorney with local experience. I've seen caselaw where the child relocation is denied because of games like these (untimely notice and illegitimate reasons for relocation), and I've seen caselaw where those issues are ignored if there isn't an objective impact on the parenting time of the nonrelocating parent.

Another decision point will be roots to the current location such as years in school. A child in kindergarten is more likely to be allowed to relocate than one in middle school.
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Re: Relocating

Unread postby OrigamiDragon » Thu Jan 04, 2018 10:05 am

hoosier_dad wrote:
OrigamiDragon wrote:How is this likely to play out?


If you file an objection it boils down to two primary decision points:

"the relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason."

"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."

The GAL has hinted that your ex's reasons for moving won't hold water. Do you have a copy of the lease termination letter? What role if any is the GAL performing in your divorce today?

It would be well worth the money to get a consult with an attorney with local experience. I've seen caselaw where the child relocation is denied because of games like these (untimely notice and illegitimate reasons for relocation), and I've seen caselaw where those issues are ignored if there isn't an objective impact on the parenting time of the nonrelocating parent.

Another decision point will be roots to the current location such as years in school. A child in kindergarten is more likely to be allowed to relocate than one in middle school.


My lawyer quoted me 50/50 right now but he is not up to date on my progress in getting involved. The GAL was invoked at my request from a settlement because mother was severely interfering with parenting time in 2016 and first half of 2017. Mother has refused to cooperate with GAL. I am a frequent volunteer in his current school and he is behind receiving IEP services that would he would lose out on. Mother didn't even attent his Parent Teacher Conference despite complaint from the teacher to the GAL. There is a court ordered high conflict counselor in the mix as well. Mother has cancelled many appointments, to the point of only meeting 5 or 6 times since June.

I think mother has offered no rationale how the move is in the child's best interests, and I have documentation I believe shows bad faith. Furthermore, she has filed yesterday to move in less than a month, what is the best timing for an objection? What do I do when she moves anyway?
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