Relocating with children after a divorce, paternity action, or change in custody is a major decision that can impact everyone in the family. Indiana has specific laws and procedures governing child custody relocation to ensure both parents’ rights are protected and the child’s best interests remain at the forefront. This page will guide you through the key requirements when relocating with a child in Indiana, parental rights and responsibilities under Indiana custody relocation rules, and strategies for navigating the legal process, whether you are planning to move or responding to a proposed move.
Overview of Indiana Custody Relocation Laws
Indiana law requires a parent to follow a legal process before moving with their child if they have a current custody, parenting time, or visitation order—even if the other parent does not have primary custody. Failing to comply can result in a modification of custody or even loss of certain parental rights.
When and Why You Must Provide Notice
Any parent (custodial or non-custodial) with parenting time rights who plans a move that would take them either more than 20 miles farther from the other parent or would otherwise impact existing custody or parenting time must provide notice. The notice allows the other parent the opportunity to object if the relocation would affect their relationship with the child or ability to exercise parenting time.
Exemptions: Moves Not Requiring Notice
There are exemptions. You do not have to file a relocation notice if the move places you closer to the non-custodial parent, the new residence is no more than 20 miles farther and the child can stay in the same school, or the move has already been addressed in a prior court order.
The Notice Process Step-by-Step
Parents planning to relocate must file a “Notice of Intent to Relocate” with the court at least 30 days before the move (or within 14 days of knowing about an unplanned, urgent move). The notice must be served on the other parent using certified mail or as directed by court rules, and it should include the new address, reason for the move, and a proposed, revised parenting schedule.
How and When to Object to Relocation
The non-relocating parent has 30 days to file a formal objection to the relocation. If they object, the court will schedule a hearing to decide whether the move should be allowed and if custody or parenting time should be modified.
What Happens at a Relocation Hearing
During the hearing, both parents have the chance to present evidence and arguments. The moving parent must prove the move is being made in good faith and is in the child’s best interests.
How Indiana Courts Decide Relocation Cases
Judges consider several key factors, including the distance of the move and its impact on current parenting time, the child’s relationship with both parents, the relocating parent’s reasons for moving, the child’s preference (if old enough), whether the move offers a better quality of life, and any history of domestic or family violence. The court may approve the move (with modifications to parenting time if needed), deny the move and require the child to stay, or modify custody, possibly awarding the child to the non-relocating parent.
Strategies for Relocating or Objecting Effectively
Consult with a family law attorney early for guidance specific to your case. Communicate clearly and in writing with the other parent, document reasons for the move or your objection (focusing on the child’s needs), and be prepared to suggest creative parenting time arrangements if relocation is approved.
Common Mistakes and How to Avoid Them
Failing to file timely notice can jeopardize your custodial rights. Moving without court approval may result in the court ordering the child’s immediate return and holding the moving parent in contempt. Not responding to a notice means the move will generally be allowed.
Relocation disputes can be stressful, but knowing your rights, responsibilities, and the process can help you make informed choices for your family. When in doubt, seek legal counsel to ensure you comply with Indiana’s custody rules and protect your child’s best interests.
Frequently Asked Questions
- Do I need to give notice for a move across town?
Maybe—if it increases the distance by more than 20 miles or impacts the child’s school enrollment. - Can the court stop me from moving?
The court cannot stop you from moving, but it can prevent the child from relocating with you if it is not in their best interest. - What happens if the other parent does not respond to my notice?
You are usually permitted to relocate with the child if there is no objection within 30 days. - What if the relocation is an emergency?
File notice as soon as possible, but always consult an attorney for guidance in urgent situations.
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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.
