Making the decision to move, whether it’s for a new job, to be closer to family, or for a fresh start, is often exciting, but it becomes complicated quickly when children are involved in a case with established custody or parenting time orders. In Indiana, moving with children is not a simple choice; it is a serious legal procedure governed by strict rules and deadlines.
The Guiding Statute: Indiana Code § 31-17-2.2
The entire process for parental relocation is controlled by a specific section of Indiana law: Indiana Code § 31-17-2.2 et seq. This statute ensures that all parties, the moving parent, the non-moving parent, and the court, are formally notified of the intended move, providing every party with the opportunity to review the change and determine if it is in the children’s best interest.
It is important to understand that the law applies to any parent who has or is seeking custody or parenting time with a child and intends to move their principal residence for a period of at least sixty (60) days. This means that a move requiring a notice is not defined by a county line or state border; it is simply defined by the change of residence.
The Time-Sensitive Procedure and Deadlines
Relocation cases can be won or lost based on strict adherence to the statutory timelines. Missing a deadline can jeopardize your ability to move the children or waive your right to object to the other parent’s move.
The Moving Parent’s Duty: The Notice of Intent to Relocate
The relocating parent has the primary burden of providing notice. The statute generally requires that a Verified Notice of Intent to Relocate be filed with the court and sent to the non-relocating parent by certified or registered mail no later than ninety (90) days before the intended move.
This notice is not just a letter; it is a formal document that must include the new address and telephone number, the date of the intended move, a brief statement of the specific reasons for the relocation, and a proposal for a revised parenting time schedule. In circumstances where the 90-day window is impossible (for instance, a sudden job transfer), the statute requires the notice to be filed no later than ten (10) days after the relocating parent obtains the information and at least thirty (30) days before the move.
The Non-Moving Parent’s Timeline: Filing an Objection
The non-relocating parent has a critical, time-sensitive duty if they wish to challenge the move or request a change to the custody or parenting time order. The objection must be filed with the court no later than sixty (60) days after receiving the Notice of Intent to Relocate. If the non-relocating parent fails to file this objection, the relocating parent is generally permitted to move with the child. If an objection is filed, the court will then schedule a hearing to determine whether the relocation is permissible.
The Court’s Standard: Best Interest of the Child
When a hearing is required, the court must balance the rights of the moving parent with the paramount consideration: the best interest of the child. The moving parent must first demonstrate that the proposed relocation is being made in good faith and for a legitimate reason (e.g., better job, proximity to family). If that burden is met, the objecting parent must then convince the court that the relocation is not in the child’s best interest. The court considers several factors, including the distance, the hardship and expense of maintaining the relationship for the non-relocating parent, and the feasibility of preserving the relationship through a revised parenting plan.
The Assurance You Need: We Manage the Timelines
Navigating the Indiana Relocation statute on your own is extremely risky due to the mandatory timelines and the precision required in the notice. As your attorneys, our primary role in a relocation case is to ensure compliance with Indiana Code § 31-17-2.2. We will be sure that all the deadlines are met, that the Notice of Intent to Relocate is complete and properly served by certified mail, and that if you are the non-relocating party, any Motion for Order Preventing Relocation is filed well within the 60-day deadline. Your focus should remain on the well-being of your children; our focus is on protecting your rights and giving you the best possible chance for a favorable outcome.
This blog was written by attorneys at Dixon & Moseley, P.C., who handle a wide variety of legal issues, be it criminal or civil in nature, throughout the state. It is written and posted for general educational purposes and is not to be construed as legal advice or solicitation for services. It is an advertisement.*
