Relocation is a common reality for families—whether prompted by a new job, remarriage, or the desire to be closer to extended family. However, when parents share custody or parenting time in Indiana, a move—even across town—can significantly disrupt established arrangements and trigger legal scrutiny. Understanding how Indiana law addresses relocation custody modification, what constitutes a legitimate move away in child custody, and the process for modifying custody after relocation is essential for parents seeking to protect their rights and their child’s best interests.
This pillar page provides a comprehensive overview of the legal requirements, court considerations, and practical steps for handling relocation and custody modifications in Indiana.
Overview: Relocation and Child Custody in Indiana
In Indiana, a parent’s decision to move—whether as the custodial or non-custodial parent—can have profound implications for existing custody and parenting time orders. State law requires strict compliance with notice and procedural requirements to ensure that the child’s stability and relationship with both parents are preserved.
When Is Relocation a Basis for Custody Modification?
Relocation is a recognized “substantial change in circumstances” that can justify modifying a custody order in Indiana. If a parent intends to move more than 20 miles from the other parent or to a location that would require the child to change schools, the move may trigger a review of custody, parenting time, and even child support arrangements.
Legal Requirements for Relocating Parents
Indiana Code § 31-17-2.2 governs the relocation of parents with custody or parenting time rights. Any parent—custodial or non-custodial—who intends to relocate must file a Notice of Intent to Relocate with the court. This requirement applies whether you are moving across the state or just far enough to impact the current parenting plan.
Failure to provide proper notice can result in legal consequences, including the court ordering the child’s return, modifying custody, or holding the relocating parent in contempt.
The Notice of Intent to Relocate
The notice must be filed with the court and served to the other parent (and any other parties with visitation rights) at least 30 days before the intended move, or within 14 days of learning about the relocation—whichever is sooner. The notice must include:
- The new address and contact information
- The intended moving date
- Reasons for the relocation
- A proposed revised parenting time schedule
- Notification of the non-relocating parent’s right to object or seek custody modification
If the relocation is minor (less than 20 miles and the child remains at the same school), notice may not be required.
Objecting to Relocation and Requesting Custody Modification
The non-relocating parent has the right to object to the move and/or file a petition to modify custody or parenting time. An objection must typically be filed within 20–60 days of receiving the notice, depending on the circumstances. If an objection is filed, the court will schedule a hearing to determine whether the relocation should be allowed and if the custody order should be modified.
Key Factors Indiana Courts Consider
When deciding whether to permit relocation and whether to modify custody, Indiana courts evaluate several statutory factors:
- Distance of the move
- Hardship and expense for the non-relocating parent to exercise parenting time
- Feasibility of preserving the child’s relationship with the non-relocating parent
- Pattern of conduct by the relocating parent (promoting or thwarting the child’s relationship with the other parent)
- Reasons for relocation and reasons for objection
- Child’s age, needs, and preference (if mature enough)
- Impact on the child’s adjustment to home, school, and community
- History of domestic violence or unsafe conditions
The relocating parent must first demonstrate that the move is made in good faith and for a legitimate reason (such as employment, remarriage, or proximity to family). If this burden is met, the non-relocating parent must show that the move is not in the child’s best interests.
The Hearing Process: What to Expect
A relocation or custody modification hearing allows both parents to present evidence and arguments. The court will consider testimony, documentation, and other relevant information to determine whether the relocation should be permitted and if custody or parenting time should be modified.
If the court finds the relocation is not in the child’s best interests, it may deny the move, modify custody to award the child to the non-relocating parent, or adjust parenting time to minimize disruption.
Modifying Custody After Relocation
If a relocation is approved or denied, the court may also modify custody and parenting time to reflect the new circumstances. Modifying custody after relocation requires showing that the move constitutes a substantial change in circumstances and that the proposed modification serves the child’s best interests.
Common grounds for modifying custody after relocation include:
- The move significantly disrupts the child’s schooling or routine
- The distance makes the existing parenting plan unworkable
- The relocating parent cannot facilitate the child’s relationship with the other parent
Parenting Time and Long-Distance Arrangements
Indiana Parenting Time Guidelines provide sample schedules for situations where distance is a major factor. Courts often award the non-custodial parent extended time during school breaks, holidays, and summer vacation to offset reduced regular visits. The court may also encourage virtual visitation and require the relocating parent to bear additional travel costs, depending on the circumstances.
Common Challenges and Practical Tips
Relocation and custody modification cases are often contentious and emotionally charged. Common challenges include:
- Disputes over the legitimacy of the move
- Concerns about the child’s adjustment and stability
- Logistical issues with long-distance parenting time
- Allegations of parental alienation or interference
Practical tips:
- Document all communications and reasons for relocation
- Propose a detailed, realistic parenting plan that preserves the child’s relationship with both parents
- Consult with an experienced Indiana family law attorney to ensure compliance with all legal requirements and to present a compelling case to the court
Conclusion
Relocation and custody modifications in Indiana require careful navigation of statutory requirements and a clear focus on the child’s best interests. Whether you are seeking to move or objecting to a proposed relocation, it is essential to understand your rights, obligations, and the factors courts consider. Legal guidance is crucial to protect your relationship with your child and to achieve a fair outcome.
Frequently Asked Questions
Q: Can a parent move with a child without notifying the other parent?
A: No. Indiana law requires advance notice to the other parent and the court. Failure to comply can result in legal penalties, including loss of custody.
Q: What if both parents agree to the relocation?
A: If both parents agree, they may submit a revised parenting plan to the court for approval. The court will still review the plan to ensure it serves the child’s best interests.
Q: What happens if the court denies the relocation?
A: The parent may be required to remain in the area to retain custody, or custody may be modified in favor of the non-relocating parent.
Q: How does the court decide what is in the child’s best interests?
A: The court considers statutory factors, including the child’s relationship with both parents, adjustment to home and school, and the feasibility of maintaining meaningful contact with both parents.
Q: Can custody be modified after the move has already occurred?
A: Yes, but the relocating parent’s failure to follow proper procedures may negatively impact their case. Courts can order the child’s return and modify custody if necessary.
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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.
