Indiana Divorce Guide

Relocation Of A Child’s Home

If a parent wishes to relocate a child, and Relocating your childanother parent has previously been granted parenting time, the parent wishing to move must file with the court a notice of intent to move with the clerk of the court that issued the custody order or another court that has accepted jurisdiction from the issuing court. A hearing is set, and the court will examine:

  • The distance involved in the proposed change of residence
  • The hardship and expense involved for the other parent to exercise parenting time
  • The likelihood of preserving the relationship between the non-locating parent and child’s relationship including the financial circumstances of the parents
  • Whether there is an established pattern of conduct  by the relocating parent to promote or thwart the other parent’s contact with the child
  • The reasons provided by the relocating parent and any opposition by the non-relocating parent
  • Any other factor affecting the best interest of the child [IC 31-17-2.2-1]
Mandatory notice to the other parent

The parent wishing to relocate with a child must include in the notice to the other parent (no later than 90 days before the intended move) the following:

A shifting burden – The relocating parent bears the initial burden to prove the proposed relocation is made in good faith and for a legitimate reason. If this burden is met, the non-relocating parent bears the burden to prove the relocation is not in the child’s best interestInd. Code Ann. 31-17-2.2-5
  • By certified or registered mail not later than ninety (90) days before the date that the relocating individual intends to move
  • The address and mailing address if they are different and any contact phone numbers
  • The date the move is scheduled for
  • A statement of the specific reasons for the proposed relocation
  • A statement that a parent must file an objection to the relocation of the child with the court not later than sixty (60) days after receipt of the notice.
  • A proposal for a revised schedule for parenting time
  • A statement that the non-relocating parent may file a petition to modify custody, parenting time or child support

A temporary order can be issued if the non-relocating parent files a motion to restrain relocation of the child or request the child be returned to the non-relocating parent if the court finds Relocation of childthat the child has been relocated without:

  • The appropriate notice
  • An agreement between the parties
  • A court order
  • That there is a likelihood that, after a final hearing, the court will not approve the relocation

The court may grant a temporary order permitting the relocation of the child pending a final hearing if the court: (1) determines that the notice was provided in a timely manner; (2) issues an order for a revised schedule for temporary parenting time with the child; and (3) reviews the evidence presented at the temporary hearing and determines that there is a likelihood that, after the final hearing, the court will approve the relocation of the child. [IC 31-17-2.2-6]

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