Navigating Relocation and Child Custody in Indiana: What You Need to Know
Relocating with a child when you have a custody agreement can be a complex legal process in Indiana. Whether you are divorced, separated, or involved in a paternity case, understanding the state’s relocation laws is crucial to ensuring compliance and protecting your rights as a parent.
As a family law attorney in Indiana, I help parents navigate custody and relocation issues, ensuring their rights—and their child’s best interests—are protected.
Understanding Relocation in Indiana Custody Cases
In Indiana, both parents generally have the right to be informed about changes in residence. If one parent plans to move, especially if it significantly affects the child’s current custody arrangement, the court may require approval before the move can take place.
💡 Key Considerations:
✔ Will the move impact parenting time or custody?
✔ Does the relocation exceed 20 miles from the other parent?
✔ Is the move in the child’s best interests?
When is Court Approval Required for Relocation?
Court approval may be required if the move significantly alters:
🚗 Parenting time schedules – If travel distance creates difficulties for the non-relocating parent.
📚 The child’s education and community ties – If relocation disrupts school and social life.
🏡 The child’s stability – If the move affects the child's sense of consistency and routine.
✅ When Court Approval is NOT Needed:
The move reduces the distance between parents.
The relocation is less than 20 miles from the other parent’s residence.
Filing a Notice of Intent to Relocate
If your move requires notification, Indiana law mandates that you file a Notice of Intent to Relocate with the court at least 30 days before moving.
Your relocation notice must include:
📅 The intended move date
📍 New address & updated contact information
📝 A reason for the move (job, family needs, etc.)
👨👩👧 Proposed changes to the parenting schedule
⚖ A statement informing the other parent of their right to object
💡 Tip: Send this notice via certified mail and file it with the court to ensure legal compliance.
What Happens if the Other Parent Objects?
If the non-relocating parent objects to the move, the court will schedule a relocation hearing to determine whether the relocation serves the child’s best interests.
At the hearing, the court considers factors such as:
Distance of the move – Does it significantly impact the non-custodial parent’s relationship with the child?
Reason for relocation – Is the move due to employment, remarriage, or military service, or is it based on personal preference?
Parental involvement – Does the move interfere with the child’s ability to have a strong relationship with both parents?
The child's preference – Older, more mature children may have their wishes considered.
📌 Important: If the relocating parent moves without following legal procedures, the court may order the child to return and impose legal penalties.
The Importance of Legal Representation in Relocation Cases
Relocation cases can be highly contested. If you are:
✔ Seeking to relocate, an attorney can help present a strong case to the court, showing why the move is necessary and beneficial for the child.
✔ Opposing a relocation, a lawyer can help argue how the move negatively impacts parenting time and the child’s stability.
What Happens if a Parent Moves Without Notifying the Court?
🚨 Moving without legal notice can lead to:
❌ Emergency court motions filed by the non-relocating parent.
❌ Legal consequences, including potential custody modifications.
❌ Negative effects on future custody decisions, as courts may view the move as an attempt to limit parental involvement.
If you need to relocate quickly due to a job, safety concerns, or other urgent reasons, consult with a family law attorney to ensure you comply with Indiana law while protecting your rights.
Final Thoughts: Protecting Your Custody Rights During Relocation
Relocation and child custody cases require careful legal planning and a thorough understanding of Indiana law. Whether you are requesting relocation or challenging a move, having an experienced Indiana family law attorney on your side can make all the difference.
📞 Call Vining Legal at (317) 759-3225 or
🔗 Schedule a Free Consultation
Ensure your child’s best interests are protected—get the legal support you need today.