If you have already been through a divorce, then you know that the court’s decisions often rest on one key principle: the best interests of the child. In today’s economy, it is common for one parent to get an opportunity for employment in another state. If they are divorced with children, however, the process can become complicated. Depending on how far the parent is moving, the move could impact transportation, where the child goes to school, and whether or not they will have contact with the other parent. Because of this, the parent who is relocating generally needs the court’s permission to relocate with the child. 

What is a notice of relocation?

Indiana law requires a parent to obtain court permission before moving with children. Indiana law requires the relocating parent to notify the other parent about the relocation. Further, Indiana law imposes strict time limits for providing notice. If you intend to move with your children, your best bet is to hire an Indiana child custody lawyer to help with the process. 

Under Indiana law, the relocating parent’s notice must have all of the following:

• The intended new residence (the address, mailing address)
• All of the relocating individual’s telephone numbers
• The date of the relocation
• A statement outlining the specific reasons for the relocation
• A statement outlining that the relocating parent either does or does not believe that the parenting plan should be revised
• A statement that the non-relocating parent has 20 days from service of the notice to file a response with the court
• A statement that the non-relocating parent may block the other parent’s attempt to relocate with the child
• A statement that the non-relocating parent may file a petition to modify a custody order, parenting time, child support order, etc. 
• A statement that all existing orders related to the child remain in effect until the court has modified them

If the non-relocating parent does not file a written objection to the relocation or fails to respond at all, the relocating parent may relocate to their new residence. 

What if the other parent objects to the relocation?

Once the non-relocating party is served with a notice by the other parent, the non-relocating parent has 20 days to file a response objecting to the proposed relocation. Afterward, either parent can request a full evidentiary hearing on all issues relevant to the child and the proposed relocation. The relocating parent has the burden of demonstrating that the proposed move is in the child’s best interests. Legitimate reasons for moving could include career advancement, an increased standard of living, educational opportunities, or being closer to family.

If the relocating parent meets their burden, the burden then shifts to the non-relocating parent to demonstrate why the proposed relocation is not in the best interests of the child. 

Talk to a Danville, IN, Family Law Attorney Today

Chris Arrington represents the interests of parents who are either moving with their children or attempting to block a proposed move. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.