tlv
New
Reged: 05/23/08
Posts: 9
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Do they have to do this by law or is it just a nice gesture by that parent?
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ttp1
New
Reged: 12/03/07
Posts: 17
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leesie: there are marks, and he said this other person hit him.. i have pictures I have emailed child services.
TLV: this is law, not a nice gesture
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chatter box
Platinum
Reged: 11/09/07
Posts: 1304
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She has to give three months notice. That is a long time. That doesn't even make sence. If your buying a house you most likely wouldn't know three months before hand or even getting an appartment.
The abuse thing gives you more of a chance but if she removes herself from that situation you still have a long road ahead of you but hang in there.
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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The notifying courts of moving is usually when a parent moves out of state. The courts aren't going to view moving 10 minutes away as a big deal unless it is out of state. As long as she gave you her address so that you know where your child is.
As for the child abuse claim, until it is proven, there is nothing you can do about her moving in with that person.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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Forget about it , she's not in contempt . Notice is only required for in-state moves greater than 100 miles or any out-of-state move .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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ttp1
New
Reged: 12/03/07
Posts: 17
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[quote]Forget about it , she's not in contempt . Notice is only required for in-state moves greater than 100 miles or any out-of-state move . [/quote]
actually, i just found out, you are wrong. doesnt even matter if they move across the street, they have to notify via the courts.
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1629
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Here are the laws.
4. Relocation. When either parent or other person who has custody or parenting time considers a change of residence, a 90 day advance notice of the intent to move must be provided to the other parent or person.
Commentary
1. Impact Of Move. Parents should recognize the impact that a change of residence may have on a child and on the established parenting time. The welfare of the child should be a priority in making the decision to move.
2. Indiana Law. Indiana law (Ind. Code § 31-17-2.2) requires all individuals who have (or who are seeking) child custody or parenting time, and who intend to relocate their residence to provide Notice to an individual who has (or is seeking) child custody, parenting time or grandparent visitation. The Notice must be made by registered or certified mail not later than 90 days before the individual intends to move. The relocating party’s Notice must provide certain specified and detailed information about the move. This information includes: the new address; new phone numbers; the date of the proposed move; a stated reason for the move; a proposed new parenting time schedule; and must include certain statements regarding the rights of the non-relocating party. The Notice must also be filed with the Court. The notice is required for all proposed moves by custodial and non custodial parents in all cases when the proposed move involves a change of the primary residence for a period of at least sixty (60) days. This is true even when a person plans to move across the street or across town, and when a party plans on moving across the state or the country, or to another country.
Now - here is the reality. No court is going to hold her to this for a 10 mile move. She will demonstrate that she gave you as much notice as she could. She will state that it will not impact the custody because it was 10 miles.
And, unless it was in your agreement, she will state that she is unaware of that state law. No police officer will respond to it because it was civil. The court will charge you thousands of dollars to get this done.
So, take the step back. What do you want to accomplish? Is she in contempt of your agreement? If no, then what will you charge her with.
Unless the law is specificaly referenced in your agreement, the court is going to say don't do it again.
You cannot stop her from moving anywhere within the state of IN. All she is required to do is show that it will not have meaningful impact on your visitation.
What will happen if you do bring this? I suspect that it will lessen the impact of the abuse. Her lawyer will make a claim that you are harassing her.
Know that is not what you want to see, but it is the reality. You need to make sure that you are focused on the kids and not on her.
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ttp1
New
Reged: 12/03/07
Posts: 17
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I just want her to abide by the laws she is quoting me. If I dont pickup the phone, then she is saying "i'm breaking the Indiana Parenting Time Guidelines" like she is holier than thou with the law, when in fact, she doesnt know squat. What do I want out of this? To have it noted that she is breaking the rules and I am abiding, and 2. that she knows I mean business and because of this, will hopefully make her a more aware/better parent to my child.
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1629
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Here is the Indiana GUIDELINE for ROFR:
3. Opportunity for Additional Parenting Time. When it becomes necessary that a child be cared for by a person other than a parent or a family member, the parent needing the child care shall first offer the other parent the opportunity for additional parenting time. The other parent is under no obligation to provide the child care. If the other parent elects to provide this care, it shall be done at no cost.
This is not a law. Your agreement should state it, but again, not a law! Your getting the police involved in a civil matter. All you should have done was file a report. That report would then be used to file contempt.
Be very careful - the system starts to shut down if you push it to criminalize the actions or enforce civil agreements.
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1629
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ah, but there is the crux of the matter. You can only control her actions. You cannot make her do anything. Nothing you have stated here is grounds for full custody unless that abuse is proven and even that is not grounds because she is not doing it.
All you can do is your best to follow the guidelines. That is it. You really can't force her no matter how much we want to make them do the right thing.
I know that sucks - but you have to live the way you want to live - you cannot control what she does. You can, however, spend thousands in contempt citations that will get you nowhere.
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