When a custodial parent (the parent with whom the child usually resides) decides to move, they must notify both the non-custodial parent and the court. The non-custodial parent can file an objection to the move. This is especially important in cases in which they would not be able to see their child on a regular basis. Ultimately, the court will determine if the move is in the child’s best interests and rule from there. If it is determined that the move is in the child’s best interests, then the relocation will be permitted. Otherwise, it will be denied. In this article, the Danville, IN, family law attorney, Chris Arrington, will discuss Indiana’s parental relocation rules and how they might apply to your situation. 

The petition to relocate

As of 2024, Indiana law (Indiana Code Section 31-17.2.2) requires the custodial parent to file a notice of intent to move with the presiding court unless a specific exception applies to their case. The parent must file and serve notice to the non-custodial parent at least 30 days before the relocation or less than 14 days after the custodial parent learns about the relocation, whichever is sooner. The non-custodial parent has 20 days to respond upon being served unless they have filed a written agreement with the court. 

The relocating parent need not notify the court of a relocation if:

• The relocation has been addressed in a prior court order
• The relocation moves the custodial parent closer to the non-custodial parent
• The relocation increases the distance between the parents’ houses by less than 30 miles and allows the child to remain enrolled at their current school

If one parent contests the move or the other parent requests a hearing, the court will set a date to determine whether or not the child is allowed to relocate and whether the custody and parenting time need to be modified. 

The relocating parent must prove that the relocation is in the child’s best interests, made legitimately, and in good faith. You cannot orchestrate a move just to put your child out of reach of the other parent. The non-relocating parent can attempt to prove that the move would not be in the best interests of the child. If the non-relocating parent fails to respond to the notice, the custodial parent is automatically permitted to move with the children. 

Factors determining whether the move is in the best interests of the children

Indiana Code § 31-17-2.2.5 discusses certain factors that the court will consider when judging a parental relocation request. The relocating parent has the burden of proving that the move will be in the child’s best interests. The relocating parent may be moving to get a better-paying job or closer to family who can help raise the child. Once the relocating parent meets their burden of proof, the burden shifts to the non-custodial parent to prove that the relocation is not in the child’s best interests. This could include arguments such as the relocation deprives you of significant parenting time and harms your relationship with the child. 

Talk to a Danville, Indiana Divorce Lawyer Today

Chris Arrington represents the interests of Indiana parents who are relocating with a child. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.