Wednesday, January 16, 2008

Child Custody and Relocation: New Indiana Supreme Court Case

I reported on the Baxendale v. Raich Court of Appeals decision in Relocation - brand new case from the Indiana Court of Appeals. Yesterday, the Indiana Supreme Court issued its opinion upholding the trial court and reversing the Indiana Court of Appeals.

I have not had time to read and digest the opinion yet. For now, take a look at the report from The Indiana Lawyer, Courts may modify custody upon relocation:

"Trial courts are not required to order a change in custody upon a parental relocation under a 2006 Indiana statute, the Indiana Supreme Court decided today. The high court ruled trial courts are allowed to modify custody arrangements at their own discretion."
I think I am safe in saying anyone moving out of the State of Indiana with children needs to know about this case.

1/20/2008 Update: I finally reviewed the case, see Child Custody and Relocation: Follow up to "New Indiana Supreme Court Case"


Terre Haute Attorney said...

Greetings Sam,

I think the S.C. has just modified the burden of proof to make modification in relocation cases much easier. The prior law was that the move alone was insufficient to constitute a change in circumstances. That is no longer the case.
B. Scott Skillman

Sam Hasler said...

That is my impression of what I have read so far. Since you were in the thick of things with this case, I am glad that you dropped in to comment. I should have read the case by tomorrow and a follow up post written by Saturday.