Relocation Laws in Indiana: Requirements for a Custodial Parent to Move

People relocate for various reasons, such as new career opportunities, relationships, or simply a change of scenery. We generally take it for granted that as an adult we are free to move on our own accord without requiring the approval of any other person, much less a court.

However, when a proposed relocation also involves a child who is the subject of a child custody matter, the custodial parent may be required to receive permission from the other parent or a trial court before the relocation may commence.

Many parents involved in child custody matters are unaware of the requirements for relocation or are unsure how to comply with all requirements.

Whether you are a relocating parent or a nonrelocating parent, this article will help with the basics.

As a custodial parent, am I required to file a notice of intent to move?

Custodial parents may move with their children when the custodial parent’s move allows for the child to remain enrolled in the child’s current school as well as:

(A) results in a decrease in the distance between the relocating parent’s residence and the nonrelocating parent’s residence; or

(B) results in an increase of not more than twenty (20) miles in the distance between the relocating parent’s residence and the nonrelocating parent’s residence.

(Ind. Code §31-17-2.2-1(b) (2020)). If the above criteria are met, then the relocating parent is not required to file a notice of intent to move.

Additionally, a relocating parent is also not required to file a notice of intent to move with the court clerk if a prior court order has already addressed the proposed relocation.

Filing a Notice of Intent to Move

When the above criteria are not met, the custodial parent must file a Notice of Intent to Move at least thirty (30) days before the relocation, or no more than fourteen (14) days after the relocating parent becomes aware of the relocation, whichever is sooner.

The nonrelocating parent must then file a response within twenty (20) days of being served notice and can either object or not object to the proposed move.

The nonrelocating parent does not have to file a response if the parties have executed and filed with the court a written agreement resolving all issues related to custody.

Objection to the Relocation

If the nonrelocating parent objects to the proposed move, the relocating parent must show that the proposed relocation is being made in good faith and is legitimate.

Once the relocating parent satisfies this burden, the nonrelocating parent must then establish that the relocation is not in the child’s interests.

The court will take many factors into account to determine whether the proposed relocation is in the child’s best interest. These factors are found in Ind. Code §31-17-2.2-1(c) and Ind. Code §31-17-2-8.

Some of these factors include:

• The distance involved in the proposed change of residence
• Difficulty and expense for the nonrelocating parent to exercise parenting time because of the change of residence
• Wishes of the child
• Child’s adjustment to their school and community.

The court will weigh all applicable factors and decide whether or not the relocation is in the child’s best interest.

Whether you are a relocating parent or a nonrelocating parent, the attorneys at McNeelyLaw can help to preserve the rights of you and your child. Contact us today at 317-825-5110 to speak with a family law attorney who can help you navigate this often-complex situation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.