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mightmom13
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Intro and Relocation Notice Question
mightmom13
member
Hi
Intro about me - I have been a single mom since pregnancy from a previous marriage to DD who is 3 and a half, so about 4 years. It was a domestic violence situation so DD's father and I don't have a super great relationship but safe guards are in place, DD spends most visits with her paternal grandmother who has always pushed DD's dad for visits but whatever - it is what it is. I am now engaged and DD and I are planning to move in with my fiance and his 3 kids, whom he has 60% or so of the time. He has a better (not perfect but hey it's divorce) relationship with their mom. My fiance had talked early in our dating that if it went anywhere moving to his city (we live in a metro area) because of the security, school system for his kids who are older, and he is a school teacher in that district. I am fine with that and all - yes it will be an adjustment but I think it would be harder on all of them to move than DD and myself.
In my state - I am required to file with the court upon moving (even if just across the street) as is DD's dad (who has not for a longer distance in the past) and give notice to the other parent. I am sure other states are like this as well. I am moving less than 40 miles away, drafting my notice today for the summer move. My ex is a bit of a hot head and I have to include the reason, so seeing "fiance" might set him off. He doesn't really have money for a lawyer and I think his parents are exhausted as well but I just want to be prepared. I also finally sent him my overnight proposal (he has not been allowed to practice these before) via email so maybe the timing of that will help ex/ex-MIL not get riled up. Also - my parents is the place of pick up/drop off as he takes her over an hour away to his folks any who, I stated that I will be willing to get DD to my parents' house on my dime/time and nothing (except an increase in time if he accepts overnights) is changing with visitation or where he has to pick up/drop off DD.
I have to include :
"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; and a statement that a non-relocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order."
State Law Code says: "If the “non-relocating individual” (as defined in Indiana
Code 31-9-2-84.6) objects to relocation of the child/children, the
non-relocating individual must file an objection with the Court within sixty (60)
days after receipt of this Notice. The “non-relocating individual” may file a
petition to modify the present custody order, parenting time order, or child
support order."
Has anyone here had to do that before? Has anyone ever met real opposition? Thoughts on if I should use the former or latter statement on the notice even though they are very similar?
TIA
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Re: Intro and Relocation Notice Question
First I think you're being too nice and inconveniencing yourself by offering overnights and doing things on your dime and time. If BD and his family wanted more time with DD they would be doing something about it, regardless of money. That's why you have to put the statement in there when you relocate. Also if/when BD moves and doesn't submit to the court to give you the chance to object, make sure to document so when he takes you to court or objects he doesn't have a leg to stand on.
With that said I would also use the state law law code and don't worry or care about opposition from the other side. There will be times of agreement and disagreement throughout DDs life. Good luck