Life changes, and sometimes that means moving to a new city or state for a job, to be closer to family, or for a fresh start. When children are involved, however, a move can become a complex legal issue. At Villarrubia & Rosenberger, P.C., we understand that matters involving your children are the most sensitive and important aspects of your life.
We provide compassionate, experienced legal guidance to parents across Indiana as they navigate child relocation disputes. Whether you are the parent seeking to move or the one who has received notice of a potential relocation, understanding Indiana’s laws is the first step toward protecting your parental rights and your child’s well-being.
Here at Villarrubia & Rosenburger, P.C., we understand that there are many circumstances that lead a parent to want to relocate. We also understand that the other parent may not agree with this decision. We represent parents on both sides of the question, including:
- Parents who want to move with a child. You may have a new job, a remarriage, family support nearby, safer housing, military orders, or another meaningful opportunity. The problem is that the move would change your current custody arrangement. We help you request court approval and show how the move could benefit your child while keeping their relationship with the other parent strong.
- Parents opposing a planned move. The other parent has announced plans to move your child far enough away to sharply reduce your parenting time. We help you file an objection, explain how the move would affect your child, and ask the court to deny the relocation or protect your bond through revised custody terms.
- Parents facing a move that skipped the rules. You learned that the other parent plans to move, or has already moved, your child without giving the required notice or following the court process. We act quickly to determine whether the move can be stopped, whether your child can be returned, and how the existing custody order can be enforced.
- Parents who agree on the move but need updated terms. You and the other parent both accept that your child can relocate, yet the current parenting plan no longer works. We help you create clear, enforceable terms for school breaks, holidays, transportation, travel expenses, virtual communication, and exchanges.
No matter which situation fits your family, we tailor our approach to your child’s needs and your goals. Reach out today to schedule a consultation with our team and see how we can help.
Under Indiana law, “relocation” is not just any move. It is legally defined as a change in a child’s primary residence for at least 60 days. Indiana law sets out specific steps a relocating parent must follow. Understanding these rules early can save you time, stress, and legal trouble. Here is a general overview of how a relocation case tends to unfold:
1. Filing a notice of intent to relocate. A parent who plans to move must file a notice with the court and serve it on the other parent. Recent changes to Indiana law limit the required notice to moves that meaningfully affect the other parent’s time or the child’s life, so timing and details matter.
2. Serving the other parent. The non-relocating parent receives the notice and gains the chance to respond. This step protects each parent’s right to be heard.
3. Objecting to the move. A parent who disagrees can file an objection within the time the law allows. Missing that window can weaken your position, so acting promptly is important.
4. Presenting the reasons for the move. The relocating parent must show that the move is made in good faith and for a legitimate reason, such as work, family, or housing.
5. Weighing the child’s best interests. If the move is genuine, the court then considers whether it serves the child. Judges look at factors like the distance, the reason for the move, the effect on the child’s relationship with each parent, and the practicality of preserving that relationship.
6. Reaching an agreement or going to a hearing. Many families resolve relocation through negotiation or mediation. When they cannot agree, a judge decides after a hearing.
Every case turns on its own facts. We walk you through each stage and prepare you for what comes next.
Navigating a relocation case requires a deep understanding of Indiana family law and court procedures. The attorneys at Villarrubia & Rosenberger provide the guidance you need at your side. Here’s how we help:
- We treat you like a person, not a file. You will work directly with attorneys who know your name and your story.
- We explain the law in words that make sense. No confusing jargon, just clear answers to your questions.
- We plan for the child at the center of the case. Courts prioritize the child’s well-being, and so do we.
- We prepare thoroughly. Strong evidence and a well-built argument matter, especially in contested moves.
- We respond quickly when time is short. Some relocation issues, like an unauthorized move, call for fast action.
Our team will guide you through the entire process, so you can have peace of mind. Reach out today to get started.
A relocation decision can change your family’s daily life in lasting ways. You do not have to sort through it alone. The attorneys at Villarrubia & Rosenberger, P.C. are ready to listen, answer your questions, and help you protect what matters most: your relationship with your child.
If you are facing a child relocation issue in Indiana, you do not have to handle it alone. Contact Villarrubia & Rosenberger, P.C. to schedule a consultation. Let us help you through this challenging time.