Indiana Child Custody Relocation Attorney
Guidance for Moving or Objecting
Child custody arrangements are designed to protect the best interests of the child, but when one parent wants to relocate, it can significantly impact custody agreements, parenting time, and child support. Indiana law has strict procedures for parental relocation to ensure the move does not unfairly disrupt the child's relationship with the other parent.
If you are considering relocating with your child, or if you need to object to a proposed move, the attorneys at Vining Legal can help. Contact us at (317) 759-3225 for a consultation today.
Indiana's Relocation Notice Requirements
A relocating parent or guardian must file a Notice of Intent to Relocate with the court that issued the custody or parenting time order. If no such order exists, the notice must be filed in the county where the custody proceedings are pending or would be handled.
When is a Relocation Notice Required?
A written notice must be filed at least 90 days before the move if the relocation:
✔ Increases the distance between the relocating and non-relocating parent by more than 20 miles
✔ Moves the child outside their current school district
✔ Significantly impacts the other parent’s ability to exercise parenting time
The notice must include:
📌 The new address (if known)
📌 The reason for the relocation
📌 A proposed revised parenting time schedule
📌 A statement informing the non-relocating parent of their right to object
When is a Relocation Notice Not Required?
A parent does not need to file a relocation notice if:
The relocation was already addressed in a prior court order.
The move decreases the distance between the two parents.
The move increases the distance by 20 miles or less and allows the child to remain in the same school district.
📌 Important: Even if a notice is not required, the court may still review the move’s impact on custody and parenting time if a motion is filed by either party.
Objecting to a Parent’s Relocation
If a non-relocating parent objects, they must file a formal objection with the court, explaining how the move negatively affects the child’s well-being.
How the Burden of Proof Works:
The relocating parent must first prove that the move is made in good faith and for a legitimate reason (e.g., employment, education, family support).
If that burden is met, the non-relocating parent must demonstrate that the move is not in the child's best interests.
Key Reasons to Object to Relocation:
🚫 The move harms the child's relationship with the non-relocating parent.
🚫 The relocation removes the child from a stable home, school, or community.
🚫 The move creates a financial or logistical burden on parenting time.
🚫 The relocating parent has a history of interfering with visitation or co-parenting.
📌 Important: Upon filing an objection, the court will set a hearing to review whether the relocation should be permitted and whether a modification of custody is necessary.
📞 Need to file an objection? Call Vining Legal at (317) 759-3225 today.
How Courts Decide Relocation & Custody Cases
If parents cannot agree on the relocation, the court will evaluate the move’s impact on the child. Key factors include:
✔ The child’s relationship with both parents.
✔ The distance involved in the proposed relocation.
✔ The hardship and expense for the non-relocating parent.
✔ The feasibility of preserving parenting time (e.g., travel, virtual visits).
✔ The relocating parent’s history—whether they have promoted or interfered with co-parenting.
✔ The reasons for relocation (e.g., job, education, remarriage).
✔ The child’s stability in their current home, school, and community.
✔ Any history of domestic violence or abuse.
💡 Key Insight: Even if a move is made for a valid reason, the court may deny the request if it significantly disrupts the child’s well-being or unfairly impacts the other parent’s relationship with the child.
If the relocation is granted, the court may also modify custody, parenting time, or child support to accommodate the new situation.
📞 Discuss your relocation case with Vining Legal today at (317) 759-3225.
How Vining Legal Can Assist with Relocation & Child Custody
At Vining Legal, we provide experienced legal representation for parents seeking to relocate and those objecting to a proposed relocation.
Our Legal Services Include:
✔ Preparing and filing relocation notices in compliance with Indiana law.
✔ Negotiating custody and parenting time modifications that align with your child’s best interests.
✔ Challenging relocations that interfere with parental rights.
✔ Advocating in court to ensure a fair resolution.
Relocation disputes require careful planning and legal strategy. Whether you need help filing a notice or objecting to a move, we are here to protect your rights and your child’s future.
Contact Vining Legal for Child Custody & Relocation Assistance
If you are involved in a relocation or custody dispute, it is crucial to act quickly to protect your parental rights.
📅 Schedule a free case evaluation today.
📞 Call or text (317) 759-3225 for immediate assistance.
📩 Fill out our online contact form, and our team will respond as soon as possible.
At Vining Legal, we are committed to ensuring that your child’s best interests remain the top priority while protecting your parental rights. Contact us today to discuss your case.