Parental relocation laws in Indiana create a detailed roadmap for parents who are relocating with a child, and they can dramatically affect custody, parenting time, and even where a child is ultimately permitted to live. Whether you are the moving or non-moving parent, understanding notice rules, burdens of proof, and how courts evaluate the impact of a move on custody is critical before any relocation dispute begins.
Introduction
Relocating with a child in Indiana, whether across town or across state lines, is not just a personal choice; it is a legal event governed by Indiana Code chapter 31‑17‑2.2 and a growing body of appellate decisions. These rules apply to both custodial and non-custodial parents who have court-ordered custody or parenting time, and failing to comply can lead to sanctions, loss of custody, or orders requiring the child’s return. This pillar page explains the framework for relocating with child Indiana cases, including custody relocation notice requirements, how courts weigh the impact of move on custody, and practical strategies for navigating relocation disputes.
Overview of Indiana Relocation Law
Indiana’s relocation statute (Indiana Code chapter 31‑17‑2.2) governs moves that affect an existing custody or parenting time order, whether the move is intrastate or out of state. A “relocating individual” is any person who has, or is seeking, custody, parenting time, or grandparent visitation and intends to change residence in a way that may impact those orders.
Key points include:
- Both custodial and non-custodial parents must comply with relocation procedures when a move will affect the current parenting plan.
- Courts treat relocation as a potential “substantial change in circumstances,” which can justify modifying legal custody, physical custody, parenting time, and child support.
When a Move Triggers Relocation Rules
Not every address change triggers a full relocation analysis, but parents should assume that any move affecting parenting time or school arrangements may be scrutinized. For example, a move that changes the child’s school or significantly increases travel time between households will almost always be treated as a relocation under Indiana law.
Indiana courts have explained that:
- Even intrastate moves can be treated as relocations if they materially alter the parenting-time logistics or the child’s stability.
- Certain small moves may fall within statutory exceptions, but parents should never assume an exception applies without careful legal analysis.
Custody Relocation Notice Requirements
The custody relocation notice is the legal starting point for any relocating with child Indiana case. With narrow exceptions, a relocating parent must file a Notice of Intent to Relocate with the court that issued the custody or parenting time order, and must serve the notice on the non-relocating parent and any other parties with rights.
Under Indiana Code section 31‑17‑2.2‑3, the relocating individual must:
- File and serve the notice not later than 30 days before the date of the intended relocation or not more than 14 days after becoming aware of the relocation, whichever is sooner.
- Include in the notice:
- The intended new residence and mailing address.
- All telephone numbers for the relocating individual.
- The date of the move.
- A brief statement of specific reasons for the proposed relocation.
- A statement regarding whether parenting time or grandparent visitation revisions are believed necessary.
- Statutory advisements about the non-relocating parent’s right to respond, object, and seek orders preventing relocation or modifying custody.
Failure to provide a proper custody relocation notice can result in court-ordered return of the child, contempt, or adverse custody modifications.
How the Non-Relocating Parent Responds
Once served with a custody relocation notice, the non-relocating parent is on a tight timeline. The non-moving parent must file a response regarding the relocation of the child within 20 days after service, or risk waiving certain objections.
The response can:
- State that there is no objection to the relocation and no request to modify custody, parenting time, or support.
- State there is no objection to relocating with child Indiana but request modifications to custody, parenting time, grandparent visitation, or child support because of the move.
- Formally object to the relocation, request a temporary or permanent order preventing the child’s relocation, and simultaneously seek modification of custody, parenting time, or support.
When an objection is filed, the court typically sets a hearing where both sides present evidence about the impact of move on custody and the child’s best interests.
Burden of Proof in Relocation Disputes
Indiana uses a shifting burden of proof framework in relocation disputes. First, the relocating parent must prove that the proposed move is made in good faith and for a legitimate reason, such as employment, remarriage, safety concerns, or proximity to extended family.
If that burden is met, the burden shifts to the non-relocating parent to show that the relocation is not in the child’s best interests. Courts emphasize that the child’s best interests, not either parent’s convenience, are the controlling standard.
This structure means:
- Moving parents should be prepared to explain in detail why the relocation is necessary, reasonable, and child-focused.
- Objecting parents must marshal evidence about how the relocation would harm the child’s relationships, stability, or development.
How Courts Evaluate the Impact of a Move on Custody
When a relocation dispute proceeds to hearing, the court evaluates the impact of move on custody using statutory factors and the general best-interest criteria used in custody cases. Indiana courts consider:
- The distance involved in the move and travel time between homes.
- The hardship and expense for the non-relocating parent to exercise parenting time or grandparent visitation.
- The feasibility of preserving the child’s relationship with both parents through suitable parenting time arrangements.
- The relocating parent’s reasons for the move and the other parent’s reasons for objecting.
- The child’s age, needs, and preference, if old enough and mature enough to express a reasoned choice.
- Whether the move improves the child’s quality of life (education, healthcare, housing, safety, extended family support).
- Any history of domestic violence or conduct hindering the other parent’s contact with the child.
Depending on these factors, the court can approve relocation (with or without custody modification), deny relocation with the child, or modify custody in favor of the non-relocating parent.
Possible Outcomes in Relocation Cases
Relocation disputes can produce a wide spectrum of outcomes, often more nuanced than “yes” or “no” to the move. Common outcomes include:
- Relocation approved, existing custody preserved: The child relocates with the moving parent, but parenting time is restructured (for example, more extended breaks and holidays for the non-relocating parent).
- Relocation approved with custody modification: The child moves, but legal or physical custody is reshaped to reflect new logistics and protect ongoing relationships with both parents.
- Relocation denied as to the child: A parent may move, but the child is ordered to remain in Indiana with the non-relocating parent or under a modified plan.
Courts may also issue temporary orders permitting or restraining relocation while the case is pending if statutory notice requirements are met and the circumstances warrant interim relief.
Practical Strategies for Relocating Parents
Parents considering relocating with child Indiana should plan carefully long before the moving truck is scheduled. Early legal strategy can make the difference between a smooth transition and an emergency relocation dispute.
Practical steps for moving parents include:
- Consulting experienced family law counsel as soon as relocation is more than a hypothetical.
- Strictly complying with custody relocation notice requirements, filing and serving the notice within statutory deadlines and ensuring all required information is included.
- Gathering supporting documentation showing legitimate reasons for the move, improved opportunities for the child, and feasibility of preserving the other parent’s relationship.
- Proactively proposing a detailed revised parenting plan that addresses travel, holidays, virtual communication, and cost-sharing.
Written communication showing a consistent willingness to encourage the child’s relationship with the other parent can be powerful evidence of good faith at a relocation hearing.
Strategies for Non-Relocating Parents
Non-relocating parents must act quickly and thoughtfully when a relocation notice arrives. Missing deadlines or responding informally (instead of through the court) can severely limit available remedies.
Key strategies include:
- Immediately consulting counsel to ensure a timely, properly drafted response or motion to prevent relocation.
- Carefully documenting the current parenting pattern, involvement in the child’s schooling and activities, and the child’s ties to community and extended family.
- Gathering evidence about increased travel burdens, costs, and schedule disruptions that relocation would cause.
- Considering whether to request a custody modification, not just object to the move, particularly where the relocation significantly undermines the existing parenting plan.
Non-relocating parents who show a consistent history of engagement and support for the child’s relationship with the other parent are often in a stronger position when contesting relocation.
Intrastate Versus Interstate Relocation
Indiana law largely applies the same statutory framework to intrastate and interstate moves, although the practical consequences can differ. Intrastate relocation might involve shorter travel but still require major changes to parenting schedules, while interstate relocation can raise jurisdictional, UCCJEA, and long-distance parenting challenges.
Important distinctions:
- Intrastate moves: Courts focus heavily on school changes, commute times, and the feasibility of frequent in-person parenting time.
- Interstate moves: Courts must also consider long-distance travel arrangements, cost allocations, and sometimes which state will retain continuing jurisdiction over custody orders.
Even when both parents ultimately move out of Indiana, the original Indiana court may continue to exercise exclusive, continuing jurisdiction unless statutory criteria for transferring jurisdiction are met.
Role of Appeals and Appellate Strategy
Indiana appellate courts regularly review relocation decisions for abuse of discretion, and those opinions shape how trial courts handle future relocation disputes. Appellate decisions often focus on whether the trial court applied the correct burden-shifting framework, considered all required factors, and entered sufficiently detailed findings.
Parents contemplating an appeal should understand:
- Relocation orders are fact-intensive; a strong record at trial (exhibits, testimony, and written findings) is essential to any appellate challenge.
- Appellate courts generally defer to trial judges on credibility and fact-finding but will reverse when statutory procedures are misapplied or key factors are ignored.
Working with counsel experienced in both family law and appellate practice can be critical where relocation outcomes have long-term consequences for a child’s stability and parental relationships.
Frequently Asked Questions
- Can a parent move with a child without notifying the other parent?
No. A parent with custody or parenting time rights generally must file a Notice of Intent to Relocate and serve it on the other parent; failure to do so can lead to legal penalties, including custody modification or orders returning the child. - What if both parents agree to the relocation?
If both parents agree, they can submit a revised parenting plan or agreed entry to the court, but the judge must still review and approve it as being in the child’s best interests before it becomes enforceable. - Does relocation automatically change custody?
No. Relocation alone does not automatically change custody, but it is a recognized substantial change in circumstances that can justify modifying custody and parenting time if the court finds that a change is in the child’s best interests. - How far can a parent move before relocation laws apply?
Indiana law focuses less on a fixed mileage threshold and more on whether the move materially impacts existing custody or parenting time orders; even relatively short moves can trigger relocation obligations when they affect school placement or parenting-time logistics. - Do Indiana courts ever deny relocation even when the move benefits the parent?
Yes. Courts may deny relocating with child Indiana when the advantages to the parent do not outweigh the disruption to the child’s relationship with the other parent or the overall impact on the child’s best interests.
This blog was written by attorneys at Ciyou & Associates, P.C., and is not intended to provide specific legal advice or a solicitation for services, as it is an advertisement.
