Indiana Relocation and Modification of Custody Factors

February 18th, 2010 admin

We now have two different panels of the Indiana Court of Appeals agreeing that a trial court must consider the child custody modification criteria listed under the relocation statutes ( Indiana Code 31-17-2.2-1 through -6 ) as well those under the child custody statute when dealing with a relocation/modification case. Wolljung v. Sidell , 891 NE 2d 1109, 1113 (Ind.App. 2008) sets out the issue like this: In relocation cases, there is an interplay between the custodial modification statute, Indiana Code Section 31-17-2-21, and the relocation statutes, Indiana Code 31-17-2.2-1 through -6. See Baxendale , 878 N.E.2d at 1256-57 . While there is some overlap between the two statutes, both are in play and must…


Originally posted on HaslerLaw2

 
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