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.
Which translates to something like this:(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).
Then the statute speaks of telephone numbers:3. I have moved my principal address to 10616 Whatever St., Whatever City, Whatever State, Whatever Zip Code.
(B) The home telephone number of the new residence.Which translates to something like this:
(C) Any other applicable telephone number for the relocating individual.
Then the statute has:4. I do not have a land line at my home address; or my landline number is ###-###-####.
5. My cell phone number is: ###-###-####.
(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:
Then the statute requires a statement of what changes are needed:7. The specific reason I moved to the above listed address is:
(F) A proposal for a revised schedule of parenting time or grandparent visitation with the child.Which can read like the following or state reasons for a change:
The statute then requires two notices must be included:8. I believe no revision to the parenting time schedule are required because of the
ages of the children.
The following contain as good a notice as any other:(G) A statement that a parent must file an objection to the relocation of the child with the court not later than sixty (60) days after receipt of the notice.
(H) A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.
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.
8 comments:
where can I go to get an official intent to rlocate petition?
I wrote about there being no official Indiana forms here: http://haslerlaw2.blogspot.com/2007/04/where-are-official-forms.html
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?
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.
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.
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
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?
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).
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