Relocating with children in Indiana after divorce is a decision with significant legal implications for both parents and children. Understanding Indiana’s relocation laws is crucial to protecting your rights, maintaining parent-child bonds, and avoiding custody or parenting time disputes. This guide explains what Indiana parents must know about move away custody, legal notice requirements, and why consulting a child relocation lawyer in Indiana is often essential.
Overview of Child Relocation Laws in Indiana
Indiana law recognizes that relocating after a divorce—even across town—can impact existing custody and parenting time arrangements. The state requires strict compliance with statutory procedures designed to protect the best interests of the child and ensure both parents have an opportunity to be heard before a major move occurs.
Key statutes: Indiana Code § 31-17-2.2 governs both custodial and non-custodial parent relocations that may affect custody, parenting time, or grandparent visitation.
Who Must Follow Indiana’s Relocation Laws?
Any individual who:
- Has or is seeking custody or parenting time with a child,
- Is involved in a court order granting parental or grandparent visitation rights, and
- Intends to move their principal home address must provide advance notice, even if the move is initiated by the non-custodial parent and regardless of existing court proceedings.
Notice of Intent to Relocate: Statutory Requirements
- Notice Content:
The notice must be comprehensive and include: - New address and telephone number
- Date of intended move
- Reasons for the proposed relocation
- Proposed changes to parenting or visitation schedules
- Statement regarding the non-relocating parent’s right to object
Timeframes:
- Typical notice: 90 days before the move
- If less than 90 days possible: Within 10 days after learning new address/phone, but at least 30 days before moving
- The notice must be filed with the court and properly served on the other parent.
When Is Notice Required (and When Is It Not)?
- Notice is required if the move is:
- More than 20 miles from the other parent
- Results in a change of the child’s school
- Significantly impacts the existing custody or parenting time arrangements
- Notice may NOT be required when:
- The move was already addressed by a previous court order
- The move shortens the distance between the two homes
- The move is less than 20 miles and does not alter school attendance
The Objection Process and Hearings
After notice is given:
- The non-relocating parent has 20–60 days to object, depending on the court’s orders
- If an objection is filed, the court will set a hearing to determine whether relocation is in the child’s best interests and, if necessary, modify custody, parenting time, or support arrangements
- If no objection is filed, the relocating parent may generally proceed with the move
Legal Standards and Factors Considered by Courts
- At a contested hearing, the relocating parent must prove the move is made for a legitimate reason and in good faith, such as new employment, remarriage, or to be closer to family.
- If the relocating parent meets this burden, the non-relocating parent must demonstrate that the relocation is not in the child’s best interests.
- The court considers factors including:
- Distance of the move
- The impact on the non-relocating parent’s relationship and parenting time
- Feasibility of preserving relationships
- Child’s relationship with each parent
- Patterns of conduct, including promoting or thwarting parent-child contact
- Reasons for and against the move
- The child’s preferences (if age-appropriate)
- Quality of life at the new location
7. The Role of a Child Relocation Lawyer in Indiana
- Consulting a child relocation lawyer in Indiana is strongly advised, whether you intend to relocate or wish to oppose a proposed move. Such legal counsel can help:
- Draft or challenge the Notice of Intent to Relocate
- Present evidence and arguments at hearings
- Negotiate parenting time or custody modifications
- Expert advice helps ensure compliance with procedural requirements and protects parental rights during a highly emotional process.
8. Consequences of Failing to Follow the Law
- The court can order the return of the child
- Custody or parenting time may be modified
- The relocating parent can be held in contempt
- Long-term damage to parent-child relationships is possible
Tips for Supporting or Contesting a Relocation
- Follow all statutory notice and filing requirements
- Gather documentation supporting your position
- Put the child's welfare and stability first in every argument
- Be prepared to propose or respond to alternate parenting schedules
- Act promptly to meet deadlines for objections or hearings
Conclusion
Moving after divorce is never a simple decision when children are involved. Understanding Indiana’s relocation law, strictly following procedural requirements, and consulting a knowledgeable child relocation lawyer in Indiana can protect your rights and your child’s best interests at every stage of the process.
Frequently Asked Questions
Q: What is “relocation” under Indiana law?
A: Any change of residence that impacts custody or parenting time, including moves by non-custodial parents.
Q: When must I file a Notice of Intent to Relocate?
A: When moving more than 20 miles or any move affecting parenting time or school (with exceptions).
Q: What if the other parent objects?
A: The court will hold a hearing to decide whether the move is in your child’s best interests and may modify custody or visitation accordingly.
Q: What happens if I move without notice or court approval?
A: Potential sanctions include loss or modification of custody and possible contempt of court charges.
For guidance tailored to your circumstances, contact a seasoned child relocation lawyer in Indiana.
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This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
