“Do I need to do anything under Indiana law if I am a parent and have to relocate with the children I have custody of?”
Yes. Under Indiana law, a Notice of Relocation must be served by the custodial or non-custodial parent even with a local move in Indiana. This must be filed at least ninety (90) days before the proposed move, if possible. This is a newer law.
A custody relocation or move across the street must be proceeded by a timely Notice of Intent to Relocate. Where filed, the non-relocating parent may file an objection and seek custody. For the most part, and in practice, the trial courts look to the custody modification statutes.
Inasmuch, if there has been a substantial change in circumstances, including the relocation itself, the trial court may modify physical and/or legal custody to the other parent. The controlling variable appears to be the reason (intent) and necessity of the move.
If a move is for a legitimate and prudent reason, a trial court is more likely to find there has been no substantial chance and not modify custody. This is factually and legally complex. At Dixon & Moseley, P.C., we handle these cases on a routine basis. We are available to consult with and represent you.
