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Problems with Relocation - from a participant

The following came in an e-mail to me. I promised the writer anonymity and minimal editing. I think she expresses very well the problems with the new relocation statute. My opinion remains that the statute as it is being interpreted creates tension between the custodial parent leaving Indiana for a better job and better life for the child or avoiding the costs of a custody fight and staying in Indiana. I may also repeat myself but much depends on the evidence presented to the court on the issue of the child's best interests.

I am a mother of four children, one that is an adult now and three that are not. My children do not have the same fathers. I lost custody of one of my children, because I chose to move to Florida, where I was offered a wonderful opportunity working for Mayo Clinic, in Jacksonville.

My ex-husband, is an alcoholic and breaks the law constantly. My son, had ADHD, and anxiety among many other comorbidities My son's father took, him off his meds and has done numerous things that are just unbelievable.(kept things that I had sent him in the mail, illegally recorded phone conversations between my other two children, myself and our son, kept him from my family and so on).

I had sole custody to begin with, my ex, had been held in contempt numerous times for not giving him his meds, drinking around him and many things. But, yet, since I chose to relocate, and even had the court's permission, to take my son with me, they turned around and gave him to his father. This all happened two years ago. My son has cried and cried for me since that time.

I ended up having to get a no contact order against my ex, because, in his drunken state, he would call and threaten to kill me.

The attorney that I have now, has finally gotten me a court date. He told me to get custody back, I would have to move back here to Indiana, so here I am.

I left a very good job, with a very reputable, company, along with my fiance in Florida. My children want to live in Florida and I cannot get married, until I am allowed to move back to Florida. Two of my children are miserable here! My son that I am fighting for, is very angry at his father, but is also scared of him.

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All the court system did, was mess up my children and give my ex-husband the authority to control my life! How is it fair that the courts can allow him to do this? In my opinion, I have no rights to privacy or freedom to live where I want to live. I feel like I am in prison.

Is there any way that I can leave this state and take my son, along with his brother and sister, whom he loves very much?

If you plan on relocating from Indiana and need a lawyer, please give me a call.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on September 04, 2008 (boomark / email).