Relocating

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

Re: Relocating

Unread postby steelmark » Fri Jan 05, 2018 2:42 pm

hoosier_dad wrote:
steelmark wrote:What says your attorney on filing a TRO immediately keeping the child in his current school while the objection is decided? Like now.

If Mom moves the child this weekend without court approval, the most likely outcome from a temp hearing is temp custody to Dad pending the final hearing. She is already restrained from moving so the TRO is not really necessary.


I'm a little lost in the weeds here as to Indiana relocation code, so I may be fearing something that isn't there, but my point is that although she may be in breach of the statute by enrolling kiddo in a different school, will a court actually say "wait, you're in breach, take the child back to his old school".

We advocate to hit the brakes where applicable in order to build status quo...if mom starts kiddo in the new school then hits the brakes on the hearings through delays, continuances, etc... doesn't that put mom at the advantage to come out ahead here?

Personally I filed the TRO at the first sniff of my ex wanting to move the kids to a different school district. Nothing was remotely settled in the case, I did it just a few weeks after filing the initial divorce, there hadn't been any hearings at all.

We framed the TRO to prevent a tug of war...to prevent mom from enrolling them elsewhere just to have me yank them back to their current schools. The TRO halted school in place while the rest of the business was decided.

This is a matter of offense vs defense...is it wiser to prevent the change (at least temporarily) or fight to change back? Im disregarding Indiana code here to apply logic to a scenario of a change (even in breach) then a change back.
Prepare and execute to win by a thousand miles, just to be in position to win by an inch.
User avatar
steelmark
1K+ Posts
 
Posts: 1787
Joined: Wed Sep 11, 2013 10:01 am

Re: Relocating

Unread postby hoosier_dad » Fri Jan 05, 2018 4:06 pm

steelmark wrote:I'm a little lost in the weeds here as to Indiana relocation code, so I may be fearing something that isn't there, but my point is that although she may be in breach of the statute by enrolling kiddo in a different school, will a court actually say "wait, you're in breach, take the child back to his old school".


In essence the objection is a TRO request. In one section of the statutes they refer to it as an "objection", but later clearly call it out as a restraining order:

IC 31-17-2.2-5
Motion to prevent relocation; burden of proof
31-17-2.2-5 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.


OP, yet another reason to file as soon as possible. Any way to bump the attorney meeting up?

Indiana caselaw does have quite a few examples of the children being returned to the nonrelocating parent. Ex clearly knows the rules as the filed notice shows, and moving before getting approval could be OP's best scenario for a custody mod.
User avatar
hoosier_dad
Moderator
 
Posts: 4794
Joined: Fri Jan 22, 2010 10:02 am

Re: Relocating

Unread postby Trevor » Fri Jan 05, 2018 5:54 pm

Folded Paper, pls stop quoting the entire post to which you are responding. It sucks to read threads like this on our phones.

We have healthy attention spans. Write your posts with clarity and we'll follow your thoughts just fine.
"Personal density is directly proportional to temporal bandwidth."
Trevor
Moderator
 
Posts: 23672
Joined: Mon Jan 31, 2005 8:55 pm

Re: Relocating

Unread postby OrigamiDragon » Fri Jan 05, 2018 7:10 pm

So she just emailed me that he is not going to school until she enrolls him in a new district after she is settled. She will let me know. We have joint legal definitively.
User avatar
OrigamiDragon
100+ Posts
 
Posts: 123
Joined: Mon Feb 27, 2017 9:12 am

Re: Relocating

Unread postby hoosier_dad » Sat Jan 06, 2018 9:24 am

OrigamiDragon wrote:So she just emailed me that he is not going to school until she enrolls him in a new district after she is settled.


This email coupled with communications or other objective evidence of disrupting the IEP plan are grounds for sole legal custody IMO. Your ex’s notice of relocation reason and documenting the removal from school make it very hard to believe she is working with an attorney.
User avatar
hoosier_dad
Moderator
 
Posts: 4794
Joined: Fri Jan 22, 2010 10:02 am

Re: Relocating

Unread postby OrigamiDragon » Sat Jan 06, 2018 12:20 pm

hoosier_dad wrote:
OrigamiDragon wrote:So she just emailed me that he is not going to school until she enrolls him in a new district after she is settled.


This email coupled with communications or other objective evidence of disrupting the IEP plan are grounds for sole legal custody IMO. Your ex’s notice of relocation reason and documenting the removal from school make it very hard to believe she is working with an attorney.


Her attorney signed and filed the intent to relocate. She seems arrogantly confident about this. She has filed a P.O. against me before that I got dismissed, but it was quite the experience. I let both his current school and the other school know with supporting paperwork that we have joint legal and I have not agreed to a change of schools. I notified immediately but no word from my attorney or GAL yet.

Right now I think I should file first thing Monday: intent to relocate, objection to relocation, emergency motion for physical custody. Is there anything else I can do?
User avatar
OrigamiDragon
100+ Posts
 
Posts: 123
Joined: Mon Feb 27, 2017 9:12 am

Re: Relocating

Unread postby hoosier_dad » Sun Jan 07, 2018 11:37 am

OrigamiDragon wrote:Right now I think I should file first thing Monday: intent to relocate, objection to relocation, emergency motion for physical custody. Is there anything else I can do?


Speak to your attorney before filing an emergency motion for custody, I don't see that fitting into the current situation. What if anything have you communicated to her about your son being kept out of school based on a relocation that is not approved yet?
User avatar
hoosier_dad
Moderator
 
Posts: 4794
Joined: Fri Jan 22, 2010 10:02 am

Re: Relocating

Unread postby OrigamiDragon » Sun Jan 07, 2018 3:57 pm

hoosier_dad wrote:
OrigamiDragon wrote:Right now I think I should file first thing Monday: intent to relocate, objection to relocation, emergency motion for physical custody. Is there anything else I can do?


Speak to your attorney before filing an emergency motion for custody, I don't see that fitting into the current situation. What if anything have you communicated to her about your son being kept out of school based on a relocation that is not approved yet?


Nothing yet, the email was a response to asking why she canceled and rescheduled an appointment to when he should be in school. The response was it's not an issue because she's moving him to a different school. Last words were an ominous she'd let me know. She is working with an attorney, who has outmanuevered mine in the past. Even what she filed on the intent to relocate contained contradictory information, none of which was true to boot, so very wary about what she may file if I delay.

Please PM me if you are willing and available to help privately as well. Literally being able to talk to someone who understands would be extremely helpful for example. Either way, very much appreciate the help I have recieved from this community so far.
User avatar
OrigamiDragon
100+ Posts
 
Posts: 123
Joined: Mon Feb 27, 2017 9:12 am

Re: Relocating

Unread postby hoosier_dad » Mon Jan 08, 2018 10:48 pm

Is your son being held out of school completely, or was this just a missed day or two?

If he's not going at all I would definitely get an objection to her via email, something simple stating that it's in is best interests to continue school in his current location as well as all counseling sessions.

I don't expect a positive response out of that type of communication, but it would be a simple way to show your quick objection to her actions while you wait to hear back from your attorney. In addition I suspect your ex won't be able to resist thumbing her nose at the legal relocation process in her response.
User avatar
hoosier_dad
Moderator
 
Posts: 4794
Joined: Fri Jan 22, 2010 10:02 am

Previous

Return to Parenting - Child Custody Forum and Child Support Forum

Who is online

Users browsing this forum: Baidu, Bing [Bot], Google [Bot] and 10 guests