Noncustodial Parent Residence Change

Summary

In Indiana, noncustodial parents must notify the court and the other parent of residence changes. Failure to comply may be contempt of court. Leasing a new place without notification could be a violation, even if claimed not permanent. Courts consider intent and stay frequency. Proximity to school doesnt automatically increase visitation. Consult an attorney for guidance.

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Noncustodial parent leased a townhome 7mi from the kids and I. Has not communicated this to me directly or the court and « says » he is not living there full time. Can this be considered contempt
Renee, in Indiana, contempt of court can occur if an individual willfully disobeys a court order. If the noncustodial parent is required to inform you and the court of their residence and has failed to do so, it could potentially be considered contempt.
Is there a specific court order or agreement that mandates the noncustodial parent to inform you and the court about their living situation?
Indiana parenting guidelines state that Relocating Parent A person who has or is seeking custody or parenting time (visitation) with a child; and Intends to move his or her principal residence. IC *-*-*-*.* Duties of Relocating Parent Filing notice of intent to move with the clerk of the Court that issued the custody or parenting time order; and Send a copy of the notice to the child’s other parent (non-relocating parent). IC *-*-*.*-* Relocation Notice Should include: (*) new home address and home telephone number; (*) any other telephone number for the relocating parent; (*) date of the intended move; (*) brief statement of reasons for child’s proposed move; (*) proposed changes for parenting time; (*) statement that the other (non-relocating) parent must file objection with court within 60 days of receiving notice; (*) statement that the other (non-relocating) parent may file a petition to the Court to modify custody, parenting time, or child support order. IC *-*- *.*-* Relocation notice must be sent to other parent by registered or certified mail 90 days before moving. If sending notice 90 days before moving is not possible, notice must be given 10 days after the relocating parent learns new address and telephone number. Notice must be given at least 30 days before move.
Renee, if the noncustodial parent did not follow the guidelines and inform you and the court about their new residence, it may be considered contempt of court. You might want to file a motion with the court to address this issue.
Would you like more information on how to proceed with filing a motion?
What if he is claiming that he is not changing his permanent residence. Even though he has moved in Indianapolis to a different location in addition to leasing a townhome in FW
Renee, if the noncustodial parent claims he is not changing his permanent residence, but has moved and leased another place, it could still be a violation. The court may consider the intent and frequency of his stay. Consult an attorney for specific guidance on your case.
Would you like help finding an attorney in your area?
Would the court grant him more visitation automatically, since he leased a place new the kids school
Renee, the court does not automatically grant more visitation solely based on the proximity of the noncustodial parent's new residence to the children's school. The court considers various factors, including the best interests of the children, the existing visitation schedule, and the parent's involvement.
Would you like more information on how to address this with the court?