Thursday, August 28, 2008

Form: Verified Notice of Intent to Relocate Pursuant to Indiana Code 31 -1 7-2.2

How to create a Verified Notice of Intent to Relocate? First you have to read Indiana Code 31 -1 7-2.2. That is true of just about everything that is filed with a court in a family law case.

IC 31-17-2.2-1(a) tells where the relocating individual must file a notice of the intent to move and to send a copy of the notice to any nonrelocating individual.

If a party (that is the parents) want a hearing, then IC 31-17-2.2-1(b) requires the party wanting a hearing to ask for one.

IC 31-17-2.2-3 sets out the information requirements of the Notice.

(2) provide the following information in the notice:
(A) The intended new residence, including the:
(i) address; and
(ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).
Which translates to something like this:
3. I have moved my principal address to 10616 Whatever St., Whatever City, Whatever State, Whatever Zip Code.
Then the statute speaks of telephone numbers:
(B) The home telephone number of the new residence.
(C) Any other applicable telephone number for the relocating individual.
Which translates to something like this:
4. I do not have a land line at my home address; or my landline number is ###-###-####.

5. My cell phone number is: ###-###-####.
Then the statute has:
(D) The date that the relocating individual intends to move.
Which translates to something like this:
6. I moved into my new residence on December 1, 2007.
Then there is from the statute:
(E) A brief statement of the specific reasons for the proposed relocation of the child.
Which can start like the following but then it must say why the move is being made:
7. The specific reason I moved to the above listed address is:
Then the statute requires a statement of what changes are needed:
8. I believe no revision to the parenting time schedule are required because of the
ages of the children.
The statute then requires two notices must be included:
The following contain as good a notice as any other:
9. If the “non-relocating individual” (as defined in INDIANA CODE § 31-9-2-84.6)
objects to relocation of the Petitioner, the non-relocating individual must file an objection with the Court within sixty (60) days after receipt of this Notice.

10. The “non-relocating individual” (as defined in INDIANA CODE § 31-9-2-84.6) may file a petition to modify the present custody order, parenting time order, or child support order.
Sign it before a notary and file it with the court, serve a copy on the non-relocating party and that is it.


Anonymous said...

where can I go to get an official intent to rlocate petition?

Sam Hasler said...

I wrote about there being no official Indiana forms here:

Anonymous said...

My question is this:
What do I do at this point?

I just found out-from the high school-that my ex has withdrawn my son from high school and they have already moved out of state. The school believes the reason for this impromptu move is the fact my son instigated a fight with a fellow classmate and broke his arm. The parents of injured child are suing my ex-(this information also came from the Dean of Students)....I have no idea where they are living, phone numbers, where or even if he is enrolled in school.
What is my next step?

Sam Hasler said...

Frankly, anonymous, I do not know what your next step is. You may have actually found a way to skirt the ban on answering questions about specific legal issues by actually asking a non-legal question. The next step ought to be finding the mother and the child. A private investigator seems a good idea. Once found, get yourself to a lawyer.

Anonymous said...

Is there a statute of limitation on this? What I mean is, if the parent was notified and the address was changed through the court, but the actual legal notice wasn't filed, and four to five years have passed since the relocation out of state, could the non-relocating parent file an objection to the move or file a contempt? I'm simply wondering if after so many years have passed, if the non-relocating parent can actually come back and say that they don't agree with it.

Sam Hasler said...

In my business, time is the ultimate enemy. The non-relocating parent waited too long to do anything.

Also, four to five years ago would have meant a slightly different story

Anonymous said...

My ex and I have joint custody of our 4 year old son and I have physical custody...we separated while I was pregnant with my son and then we were divorced shortly after our son was born. I've remarried since then and my husband has recieved a promotion at work that required us to move approximately 100 miles away from our current residence. So my question is after I file the notice of intent to move and my ex files his objection (which I know he will) how difficult is it gonna be to get my move approved?

Sam Hasler said...

There is no way of knowing - like many things in the law, it all depends on the facts of your case. Please take a look at the disclaimer on here about giving advice about specific cases. I suggest reading all of the articles on here and reading the cases in full (follow the links to the opinions).