Indiana Relocation moving with a child.
If you share custody or parenting time and you are moving, Indiana requires you to file a notice with the court — and the deadline is far shorter than most people are told. If someone has filed one on you, your clock is twenty days.
Notice is due thirty days before the move, or within fourteen days of learning about it — whichever comes sooner.
A great deal of published material still says ninety days. That is stale law; P.L. 186-2019 and P.L. 162-2020 rewrote this chapter. And not every move needs notice — but the exemption is narrower than it looks, and being exempt from notice does not make you exempt from a custody fight. If a notice was served on you, you have twenty days to respond or the move proceeds.
Twenty days is not long.
Tell us the distance, whether the child changes schools, and the date on the paperwork. Those three facts decide whether notice is even required, whose burden it is, and how fast this has to move.
It is not only the custodial parent
Under Ind. Code § 31-17-2.2-1(a), a "relocating individual" must file a notice of intent to move with the clerk of the court that issued the custody or parenting time order.
The definition at § 31-9-2-107.5 is broader than people assume. It covers an individual who has or is seeking custody or parenting time — "whether by court order or by paternity affidavit under IC 16-37-2." So a parent with alternate weekends and no custody still has to file. A father whose only order came from a paternity affidavit still has to file.
One group is expressly carved out: "The term does not include an individual granted visitation rights under IC 31-17-5." Grandparents with court-ordered visitation do not owe a relocation notice. They do still owe everyone their current address and contact information under § 31-17-2.2-0.5, which applies to anyone with or seeking custody, parenting time, or grandparent visitation.
Thirty days, or fourteen — whichever is sooner
Ind. Code § 31-17-2.2-3(1) sets a dual trigger that almost every website omits. The notice must be filed and served "not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner."
Read that second half carefully. If your employer tells you on Monday that you transfer in ninety days, the fourteen-day clock is the one that governs — not the thirty-day one. People miss this constantly because they read only the first half.
Under § 31-17-2.2-1(b) notice is not required if a prior court order addressed relocation, or if the move decreases the distance between the two homes or increases it by not more than twenty miles — AND allows the child to remain enrolled in the child's current school. Both halves have to hold. A five-mile move that changes the child's school still requires notice. And § 31-17-2.2-1(c) is explicit that being exempt from the notice requirement does not affect the court's authority to modify custody, parenting time, grandparent visitation, or support.
The notice is a statutory form, not a letter
Ind. Code § 31-17-2.2-3(3) lists eight required contents: the intended new address and mailing address if different; all telephone numbers; the intended move date; a brief statement of the specific reasons for the relocation; a statement whether the relocating individual believes parenting time or grandparent visitation needs revising; a statement that a nonrelocating parent must respond within twenty days of service; a statement that a party may petition to prevent the relocation or to modify custody, parenting time, grandparent visitation or support; and a statement that all existing orders remain in effect until modified.
A notice missing required contents is a problem for the person who filed it, which is worth knowing on both sides of this.
Section 3 opens with "Except as provided in section 4 of this chapter." Ind. Code § 31-17-2.2-4 addresses risk or harm in disclosing this information. If there is a history of violence, do not file the standard notice and then try to fix it — raise the safety exception first.
The burden shifts — and that is the whole case
This is the cleanest rule in the chapter and the one worth understanding before you argue about anything else.
Under § 31-17-2.2-5(e): "The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason." That is a real but modest bar — a job, family support, a remarriage, lower cost of living.
Then § 31-17-2.2-5(f): "If the relocating individual meets the burden of proof under subsection (e), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child."
So the fight is usually not about whether the move is legitimate. It is about whether the objecting parent can carry the second burden. That is where the evidence has to be aimed.
Respond in twenty days. § 31-17-2.2-5(a) gives a nonrelocating parent twenty days from service. Under subsection (g), if no response is filed, "the relocating individual may relocate to the new residence." Silence is consent.
You can demand a hearing. § 31-17-2.2-5(d): on the request of either party, the court shall hold a full evidentiary hearing. That is not discretionary.
The order stays put meanwhile. All existing custody, parenting time, grandparent visitation and support orders remain in effect until a court modifies them — which the notice itself has to say.
What the court actually weighs
Ind. Code § 31-17-2.2-1(c) lists six: the distance involved; the hardship and expense for the nonrelocating individual to exercise parenting time or grandparent visitation; the feasibility of preserving the relationship through suitable arrangements, including the parties' financial circumstances; whether there is an established pattern of conduct by the relocating individual, including actions to either promote or thwart the other's contact with the child; the reasons each side gives; and other factors affecting the child's best interest.
The fourth factor is the one that decides close cases. A parent with a documented history of accommodating the other parent's time is in a very different position from one with a history of obstruction — and that record is built over years, not in the twenty days after a notice lands.
Frequently asked questions
01Is it 30 days or 90 days?
Thirty — or fourteen days after you learn of the move, whichever is sooner. Ind. Code § 31-17-2.2-3(1). The ninety-day figure you may have read comes from the pre-2019 version of this chapter. P.L. 186-2019 and P.L. 162-2020 replaced it, and any page still saying ninety days has not been reviewed since.
02I'm moving across town. Do I really have to file?
Maybe not — but check both halves of the test. You are exempt only if the move decreases the distance or adds no more than twenty miles, and lets the child stay in the same school. A short move that triggers a school change is not exempt. And even where you are exempt from notice, § 31-17-2.2-1(c) preserves the court's power to modify custody anyway.
03Can the other parent just stop my move?
Not by objecting alone. You carry the initial burden of showing good faith and a legitimate reason, which is usually satisfiable. Then the burden shifts to them to prove the move is not in the child's best interest. They can petition to prevent a temporary or permanent relocation, and the court will hold a full evidentiary hearing if either side asks — but the second burden is theirs, not yours.
04What happens if they never respond?
Under § 31-17-2.2-5(g), if the nonrelocating parent fails to file a response within the twenty days, "the relocating individual may relocate to the new residence." That is the most common way these resolve, and it is why a served parent should not let the twenty days pass while deciding what to do.
05I only have parenting time, not custody. Does this apply to me?
Yes. § 31-9-2-107.5 defines a relocating individual as someone who has or is seeking custody or parenting time, by court order or by paternity affidavit. If you are the parent who sees the child on weekends and you are the one moving, the notice obligation is yours.
06They already moved without telling me. What now?
You have real options, and the failure to file is itself useful. Factor four under § 31-17-2.2-1(c) asks whether there is an established pattern of conduct promoting or thwarting your contact with the child — and moving without notice speaks to exactly that. Call quickly; these are stronger the sooner they are raised.
The clock started before you called. Let's find out where it is.
Bring the current custody order, the notice if one was served, and the new address or the distance. Those answer most of the first meeting.
This page is general information about Indiana law, not legal advice, and reading it does not create an attorney–client relationship. Deadlines described here are short and run from service or from the date you learn of a move; do not rely on this page to calculate your own. Statutes change and every case turns on its own facts. Reviewed August 2026 against the 2026 edition of the Indiana Code. Attorney advertising.