Besides offering longer days and more opportunities for outdoor fun, summer is also typically moving season in much of the country. This timing has a lot to do with the weather and children being out school. Parents realize the difficulty children generally have with big transitions, and try to make sure that any relocation is worth the effort. If a move would require relocating to a new city or state, not only are the stakes higher, but if a parent shares custody, the legal system has some say in the outcome. The involvement of the courts is connected with Indiana’s belief that it is important for a child’s wellbeing and development to have regular contact with both parents. Thus, if a parent shares the custody and parenting time of his or her child, notice must be given to the courts and the other parent before a move occurs. Certainly, if both parents agree to the move and/or work out a new time schedule arrangement, getting court approval for the relocation is much easier. But, finding agreement is not always easy.

An overview of the procedure to obtain court approval for a relocation, and how the other parent may contest a move, will follow below.

Who Must Be Notified

In the eyes of the law, relocation amounts to a modification of the custody order because the ability of the other parent to see and/or communicate with the child will be affected, which is why court involvement is necessary. Consequently, it probably seems obvious the child’s other parent must be notified about any impending move. In addition, though, the law requires the parent to notify the child’s grandparents if there is an active grandparent visitation order in place, as their rights to see the child would also be impacted.

Court’s Decision

The overriding factor in any decision related to relocation is what is in the best interest of the child. In order to figure out if a move is best for the child, the court looks at the following factors:

• How far the move is;
• The hardship and expense the other parent would have to absorb to see the child;
• The likelihood of preserving the relationship of the other parent and the child from the new location;
• Whether the relocating parent has a history of promoting or hindering the other parent from seeing the child;
• The reasons for the relocation; and
• The reasons for contesting the relocation.

Contesting the Relocation

Once a parent receives notification about an upcoming move, he or she has 60 days to contest it in court. If the parent fails to contest the relocation within this time period, the relocating parent is free to move whenever they wish. If the relocation is contested, the parent wishing to move has the responsibility for showing the court that the move is being made in good faith and for valid reasons. If the relocating party successfully meets this burden, the non-relocating party must then demonstrate the move is not in the best interests of the child. Note that a court can issue temporary orders to either permit a move or order the return of the child to the non-relocating parent based on the receipt by other parent of adequate notice and how the court is likely to decide the relocation.

Consult a Family Law Attorney

If you have questions or concerns about the relocation of your child, talk to a family law attorney to learn what your legal options are. Christopher L. Arrington represents clients in the Indianapolis area in a wide variety of family law matters, and can help you protect your interests and those of your child. Contact him to schedule an appointment.