When Does a Parent Have to File Notice of Intent to Relocate?

Are you moving? You may need to file a notice of intent to relocate. A notice of intent to relocate informs the court and your child(ren)’s other parent of your plan to move.

A relocating individual is not required to file a notice of intent to move with the clerk of the court if the relocation has been addressed by a prior court order. You also do not have to file a notice of intent if your relocation allows the child to remain enrolled in the child’s current school and either (1) decreases the distance between your residence and the nonrelocating individual’s residence or (2) increases the distance between your residence and the nonrelocating individual’s residence by not more than twenty (20) miles.

If you do not fall into the exceptions outlined above, you will need to file a notice of intent to relocate.

Where to File

You will need to file your intent to relocate with the clerk of the court that issued the custody or parenting time order. If you don’t have a custody or parenting time order, you will need to file with the clerk of the court that has jurisdiction over the legal proceedings concerning the custody of or parenting time with a child.

Who Gets the Notice

You will need to serve your notice of intent to relocate on anyone who has filed for, or currently has, custody of the child, parenting time with the child, or visitation with the child. Your notice will need to be served at least thirty (30) days before the date of the intended relocation or no more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner.

What to Include in the Notice

There are several requirements that need to be included in your intent to relocate. These requirements include:

• The address of the new residence (and the mailing address if it is different from the physical address).
• All telephone numbers for you.
• The date that you intend to move.
• A brief statement of the specific reasons for the proposed relocation of the child.
• A statement that you either do or do not believe that a revision of parenting time or grandparent visitation is necessary.
• A statement that a nonrelocating parent must file a response regarding the relocation of the child with the court not later than twenty (20) days after service of the notice.
• The following statements:

1. A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child.
2. A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.
3. A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.

If you need to file a notice of intent to relocate, call McNeelyLaw today at 317-825-5110 to talk to an experienced family law attorney.

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.