Child Relocation in Indiana Custody Cases: What Parents Need to Know
Relocating with a child after a divorce or paternity case can be complicated—especially when custody and parenting time are involved. Whether you are the custodial parent seeking to move or the non-relocating parent concerned about losing time with your child, it’s essential to understand Indiana’s child relocation laws.
Indiana law requires parents to follow a specific legal process before moving, and failing to comply could lead to modification of custody or loss of parenting rights.
This guide will help you understand the relocation process in Indiana, the legal requirements, and what to do if you need to object to a relocation.
Overview of Child Custody and Relocation in Indiana
Indiana courts recognize two types of custody:
Legal Custody: The right to make major decisions for the child (e.g., education, healthcare).
Physical Custody: Where the child primarily lives.
A relocation can significantly impact both legal and physical custody arrangements, as well as the parenting time schedule for the non-relocating parent. Indiana’s relocation laws aim to balance a parent’s right to move with the child’s need for a stable relationship with both parents.
Indiana’s Relocation Laws (IC 31-17-2.2)
Indiana law requires any parent—custodial or non-custodial—who plans to relocate to follow specific legal steps.
Who Must File a Notice of Relocation?
✔ Any parent with parenting time rights who intends to move.
✔ The move must be beyond 20 miles or significantly impact parenting time.
✔ Even non-custodial parents must notify the court if moving.
What Happens If a Parent Moves Without Notice?
🚨 The court can order the child to return.
🚨 The parent’s custody or parenting time may be modified.
🚨 The court may hold the relocating parent in contempt.
The Child Relocation Process in Indiana
1. Notice of Intent to Relocate
The relocating parent must file a Notice of Intent to Relocate with the court at least 30 days before the move. This notice must include:
The new address and reason for the move.
A proposed modified parenting time schedule.
A statement of the non-relocating parent’s rights to object.
2. Objection to Relocation
The non-relocating parent has 30 days to file an objection to the move. If an objection is filed, the court will schedule a hearing to determine if relocation is in the child’s best interests.
3. Relocation Hearing
Both parents present evidence and arguments before a judge. The relocating parent must prove that the move is in good faith and in the child’s best interests.
4. Court Decision
The judge will either:
✔ Approve the move, possibly adjusting parenting time.
✔ Deny the move, requiring the child to stay in Indiana.
✔ Modify custody, awarding the child to the non-relocating parent if the move is not in their best interests.
Factors Indiana Courts Consider in Relocation Cases
The judge will evaluate several key factors, including:
✔ Distance of the move.
✔ Impact on parenting time for the non-relocating parent.
✔ Hardship and expenses caused by the move.
✔ Whether the relocating parent is moving for legitimate reasons.
✔ The child’s relationship with both parents.
✔ The child’s preference (if old enough).
✔ Whether the move will improve the child’s quality of life.
✔ Any history of domestic violence or neglect.
The child’s best interests will always be the top priority in a relocation case.
What Happens if a Non-Custodial Parent Wants to Relocate?
A non-custodial parent who wishes to relocate must also file a Notice of Intent to Relocate. If their move affects parenting time, the court may:
✔ Modify the existing parenting plan to accommodate the distance.
✔ Increase or decrease parenting time to reflect the new location.
✔ Deny the move if it substantially interferes with the child’s best interests.
Can Parents Reach an Agreement on Relocation?
Yes! If both parents agree on relocation and an adjusted parenting time schedule, they can submit a signed agreement to the court for approval. However, verbal agreements are not legally enforceable—a court order is necessary to protect both parents' rights.
What if the Other Parent Moves Without Telling You?
🚨 If the custodial parent relocates without notice, the non-relocating parent can file a motion for contempt or a petition to modify custody.
🚨 The court may order the child returned to Indiana and sanction the relocating parent.
🚨 Act quickly—filing an objection promptly increases your chances of preventing the move.
Why You Need a Family Law Attorney for a Relocation Case
Child relocation cases are complex and often highly contested. The best way to protect your parental rights—whether you are the relocating or objecting parent—is to have an experienced Indiana family law attorney on your side.
At Vining Legal, we understand how emotionally and legally challenging relocation cases can be. We are dedicated to helping parents navigate Indiana’s custody laws and fight for the best outcome for their child.
📞 Call Vining Legal today at (317) 759-3225
📅 Schedule a consultation here: https://indianalawyer.esq/contact
Conclusion
Relocating with a child in Indiana isn’t as simple as packing up and moving—you must follow the legal process or risk losing custody or parenting time. If you are considering a move or need to object to a relocation, time is of the essence.
Contact Vining Legal today for trusted legal guidance and strong advocacy in your relocation case.
