The Notice of Intent to Relocate statute describes the requirements custodial parents must follow if they are planning to relocate out of state. If subject to a custody order, a visitation order, or child support order, a notice of intent must be filed with the court before a move can take place.[1] The relocating parent must send the non-relocating parent notice that they intend to move no later than 90 days prior to the move date. The information required in this notice includes the new address, new phone number, proposed date of move, and the reason for the move.

Also required with the notice is a proposal for revision of parenting time or visitation if applicable. The proposal should include a statement that the other parent must file objection to relocation of the child within 60 days or receipt of notice and a statement that the non-relocating individual may file a petition to modify the custody order, parenting time order, or child support order.

Exceptions to the 90-day Filing

According to statute the relocating parent must file notice of his/her intent to move within 90 days of his or her intended move date, though there are exceptions to this rule. If the relocating parent cannot provide notice within 90 days, he or she can do so within 10 days after receiving the new address, phone number, or move date. It cannot be filed more than 30 days prior to the intended move date.

The Non-Relocating Parent

The non-relocating parent may file an objection and request that the court grant a temporary or permanent restraining order to the relocation of the child. The objection also has filing deadlines, much like the notice. The objection must be filed within 60 days after receipt of the notice.

At a temporary restraining order hearing the court will consider whether the notice was timely filed and whether there exists an agreement between the parties regarding a new parenting schedule. Likewise, if the relocating parent filed the notice after the move and not within the 90 days, the court will look at the above considerations and may order the child to be brought back.

Once an objection is filed, a hearing is held where both parties can present evidence regarding the move.  The burden of proof is on the relocating parent to show the court that the relocation is for a legitimate reason and done in good faith. The court will consider whether or not the move is in the best interest of the child. The court considers the distance involved, the hardship/expense involved for the non-relocating parent to exercise parenting times, the financial situation of both parents, the reason for the move, and anything else that affect the child. Ultimately, the court has no say in whether or not the parent can move, however it does have the authority to modify any court order to protect the interests of the child.

Consult a Family Law Attorney

The notice statute is in place to protect parents so that one parent cannot just move without letting the other parent know and have the opportunity to object. If you are planning to relocate and are under a custody, visitation, or a support order you should consult an attorney so that you adhere the notice requirements. Likewise, if you are a non-relocating parent and the other parent is relocating, you should consult an attorney if you plan to object to a proposed relocation.

Attorney Christopher L. Arrington is an experienced family law attorney in Indiana. Attorney Arrington works for and with his clients to obtain their custody objectives and advocates aggressively in court on their behalf. If you have a custody or visitation issue involving the relocation of a parent, contact our office today to discuss your case.

[1] I.C. 31-17-2.2