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Relocation - Recapping and an Update

Recently, someone commented that they were going through a relocation case. The custodial parent (the mother) moved out of state. She wrote that she had been the one feeding them, changing diapers, buying clothes, teaching them piano, taking to dance lessons -- that he saw them when it suited him. She hoped the court would take that into consideration.

I am not sure that the court has to take that into consideration. I have posted many articles on the subject of relocation. If you are coming late to the discussion, you need to read them. You can see all of the relocation articles by clicking on "relocation" below next to "Labels". As of today, I say the important ones are: Child Custody and Relocation: New Indiana Supreme Court Case, Child Custody and Relocation: Follow up to "New Indiana Supreme Court Case", and Order Amending Indiana Parenting Time Guidelines.

Read the Baxendale opinion from the Indiana Supreme Court. The first articles mentioned above deal with this case. Baxendale will be the leading case on relocation and people need to know about this case.

The move itself acts as grounds for a modification of custody. What the trial courts will be looking at is the impact of the move on the child and the child's relationships.

To what extent non-custodial parents use this statute to beat up on custodial parents is an issue that remains in the future. I put into this category the case described in my first paragraph above.

Here is my best advice about relocation: before any move, talk to an attorney!

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on April 08, 2008 (boomark / email).