The decision to relocate with your children after divorce can spark some of the most contentious battles in family court. Whether you are planning to move or opposing a former spouse's relocation, understanding Indiana's relocation laws is crucial. This blog will break down the key elements of relocation cases and the objection process.
Indiana law requires more than a casual mention of your moving plans to your ex-spouse. The formal notice of intent to relocate must be filed at least 90 days before your planned move, or “as soon as reasonably possible.” This is actually your first crucial step in the legal process. A proper notice includes: the new address and phone number; a brief statement of reasons for the move; the date you plan to relocate; a proposed revised parenting time schedule; and a statement informing the non-relocating parent of their right to object. Even moves within Indiana require notice if they might affect parenting time.
For non-relocating parents, the clock starts ticking when you receive that notice. You have 60 days to file an objection. Miss this deadline, and you might forfeit your right to challenge the move. A strong objection may include: detailed reasons why the move would harm your relationship with your child; evidence that the move is not in the child’s best interests; a proposed alternative parenting time schedule; and documentation of your current involvement in your child’s life. Indiana law creates a fascinating dance of burden-shifting in relocation cases. The relocating parent must first prove: that the move is made in good faith; and that the move serves a legitimate purpose. Once those elements are shown, the burden shifts to the objecting parent to prove the move isn't in the child's best interests. This is where cases are often won or lost.
Indiana judges weigh multiple factors when deciding relocation cases. Understanding these can help both parties prepare stronger cases. For relocating parents you want to show career advancement opportunities, educational benefits, family support in the new location, cost of living differences, quality of schools and activities, healthcare access, and new housing arrangements. For objecting parents you want to show current involvement in the child’s life, impact on established relationships, child’s ties to current community, academic disruption, effect on extended family relationship, and financial burden of maintaining contact.
Sometimes, the best solutions come through negotiation rather than litigation. Consider mediation before court intervention but if court intervention becomes necessary remember to stay focused on the child’s best interests. Whether you are planning to relocate or opposing a move, success often depends on thorough preparation, clear documentation, and a child-focused approach. Working with experienced family law counsel can help navigate these complex waters and present your strongest case. The attorneys at Ciyou & Associates, P.C. have ample experience with relocating matters in Indiana. We are here to help you navigate your custody relocation matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
