Q: Can you be told to stay in one particular area?
After divorce I am wanting to move across town, 20-30 minutes. We are in a bitter divorce to be decided by the court. Can they make a person stay in a particular town/school district? Have school aged children. It just sounds like ex is bitter and wanting to stay in control.
A: Yes, the court can make you stay in a particular town or school district if you have custody of the children.
In Indiana, if you want to move you are required to file a Notice of Intent to Relocate w/in 90 days of your anticipated move. If the non-custodial parent objects, then the Court will set the matter for hearing and review issues such as custody and parenting time.
A Court cannot prevent you from moving, but if the Court finds that it's in the best interest of the child to remain in the community or a particular area due to school, family, etc..., then the Court may indicate that if you move the Court will modify custody and/or parenting time.
There are statutory provisions that govern the Notice of Intent to Relocate, therefore if you intend to move I recommend contacting an attorney to make sure you comply with said provisions. If you have additional questions, please feel free to contact our office at 317-565-1818.
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