Custodial Parent with Thoughts of Moving Out of State

My question involves child support in the State of: Indiana

My child is 18 months old. The father and I were never married and have never been to court for custodial matters, however he did sign an affidavit stating he is the father. We have been to court to declare child support in which he was ordered to pay 117/ weekly. He is currently 3500.00 behind in support and has not made a payment in 6 months. He is employed under the table as a part time bartender, lives in his parents unfinished basement, no phone, no car. I provide all clothes, diapers, food, ect for our child. He exercises every other saturday visitation during the day and brings him home before our childs bed time.

I have recently recieved a job offer for an out of state position and I'm seriously thinking about taking the plunge. I wouldnt even consider doing this is my childs father took his role as a father more seriously or if I had help and support where we are located now. This move would mean that my child and I would be more financially comfortable.

I am just trying to find out what my rights are and what I need to do....

http://www.in.gov/judiciary/rules/pa...#_Toc348614673

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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

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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.

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Once you file the intent to relocate with the father and the courts, the father will be allowed to contest the move. If you are allowed to move, you should expect that you will pay the added costs of travel to allow the father to exercise his visitation as you were the cause for the added costs.

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here is the statute referred to. Take a look at it and see what you can see.

http://www.in.gov/legislative/ic/2010/title31/ar17/ch2.2.html

Even though there is no visitation legally established? I know that I would have to give him a 90 day notice by certified mail. I just didnt know if there were any differences because of the situation. I appreciate you getting back with me.

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He exercises every other saturday visitation during the day and brings him home before our childs bed time.

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so this refers to an agreement between the two of you?


You still have to give notice.

He can also seek court ordered visitation and given the situation, now would be a good time since the distance causes issues with regular visitation.

Yes, this was just an agreement between the two of us. Nothing, except child support, is legal. Nothing is written on paper, just stated vocally.