Relocating may provide better employment, safer housing or stronger family support. However, it can also create uncertainty about your child’s living arrangements, education and relationship with each parent. Indiana law provides a process for addressing these concerns before relocation.
When must the relocating parent provide notice?
If you plan to change your main home, you must usually file a Notice of Intent to Relocate with the court and provide a copy to the other parent. Exceptions may apply if a prior order addresses relocation or the move does not add more than 20 miles between homes and keeps your child in the same school.
You must give notice no later than 30 days before moving or within 14 days after learning about the move, whichever comes first. The notice should identify your address, intended moving date, contact information, reasons for relocating and any proposed changes to parenting time.
How can the other parent respond?
If you are the nonrelocating parent, you usually have 20 days to respond. You may accept the move, request changes to orders or object and ask the court to prevent the child’s relocation.
Custody, parenting time and child support orders remain in effect until the court changes them. Many Indiana counties refer relocation disputes involving existing orders to mediation before scheduling a hearing, although emergency and self-represented cases may be exempt.
What will the court consider before allowing a move?
Before ruling, the judge considers the practical and family consequences of the proposed relocation. Relevant factors may include:
- The distance and travel costs
- The effect on parenting time
- Each parent’s financial circumstances
- Each parent’s history of supporting or interfering with contact
- Each parent’s reasons for supporting or opposing the relocation
- Other factors affecting your child’s best interests
The relocating parent must first show an honest purpose and a genuine reason for moving. The other parent must then show why the move would not serve the child’s best interests.
Reducing uncertainty during relocation
Relocation decisions may require you to balance personal opportunities with the practical effect on your child. By presenting a realistic, well-supported proposal, you can help the court evaluate whether the arrangement will remain workable over time.