Steve
Nash, a guard for the LA Lakers, is currently in litigation with his former
Wife over her proposed relocation with the parties’ children. The
parties’ divorce was reportedly finalized in Arizona in 2005. Since that time, the
parties’ three (3) children have resided primarily with their Mother in Arizona
despite Nash’s subsequent move to California to play with the Lakers. Now, the
children’s Mother has proposed that her and the children relocate to be in the
same city as their Father, to which Nash is reportedly objecting.
Typically,
in relocation cases, a party will object to a proposed move wherein the
children are forced relocate to a city where the objecting party does NOT
reside. The basis for the objection in such a situation is very often the
impact the proposed move will have on the parent/child relationship due to the
newfound distance and, thus, difficulty to exercise parenting time and remain
involved in the children’s lives. Hence, it is “bizarre” to hear of an
objection to a proposed relocation into the city of the objecting parent.
It may be that the basis of Nash’s objection lies in his desire for his
children to have consistency in their lives and a wish that they remain in the
same school, community, support system, etc. Though there are no reports
found as to why he objects to the same.
Under
Indiana law, if a parenting time or custody order exists and either party
intends to relocate his/her residence, that person must file a Notice of Intent
to Relocate with the Court 90 days prior to the intended move. The opposing
party will then have 60 days in which to file a formal Objection. If the
opposing party objects, the matter is set for a hearing on the proposed
relocation. It is important to note that Indiana law recently changed, and
there is no longer a distance requirement, for example, that the move be over
100 miles. Rather, under the current law, parties are required to file the
Notice of Intent to Relocate for ANY proposed move – regardless of if the move
is across the street or across the country.
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& Zivitz, P.C., our team has the experience, the understanding,
and the compassion to assist with your family law needs. If you have questions
or concerns regarding divorce, custody, support, or any other family law
concerns contact our firm at 317.DIVORCE or
visit our website at www.hzlegal.com.
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