In Indiana, if you are divorced with children or have a child with someone to whom you were never married, the law requires you to notify the other parent that you are planning to move.
The requirement to notify the other parent applies to both custodial and non-custodial parents. This notice must be sent to the Clerk of the Court that issued the custody order or parenting time order, and a copy must go to the non-relocating parent, no later than ninety (90) days before the intended move. The notice requirement applies to any move, from across the Country to across the street.
It is recommended that you contact an attorney assistance with the Notice of Intent, because failure to comply with the statutory requirements could result in a denial of your request. The Notice of Intent must contain the following:
- The address and mailing address of the new residence.
- The home telephone number, if applicable, of the new residence.
- Any other telephone number for the relocating parent.
- The date of the intended move.
- A brief statement of the reasons why the parent wishes to move the child.
- A proposal for a revised parenting time schedule.
- A statement that the non-relocating parent must file an objection no later than sixty (60) days after receipt of the notice.
- A statement that the non-relocating parent may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.
If the non-relocating parent objects to the proposed move or requests a change in parenting time or custody, the non-relocating parent must file an objection no later than sixty (60) days after he or she receives the Notice of Intent to Relocate. Thereafter, the Court is likely to schedule a hearing to determine whether the relocating parent should be allowed to move, especially if the move requires the children to move. The relocating parent must show that he or she has a legitimate reason for moving and the move is proposed in good faith. Once the relocating parent meet his or her burden, the burden is then on the non-relocating parent to show that the move is not in the best interest of the child or children.
In order to determine whether the move is in the best interest of the child, the Court must take into account:
- the distance involved in the proposed move.
- the hardship and expense involved for the non-relocating parent to exercise parenting time.
- the feasibility of preserving the relationship between the non-relocating parent and the child or children for suitable parenting time, including consideration of finances.
- whether there is an established pattern by the relocating parent, including attempts to deny the non-relocating parent’s contact with the child.
- the reasons why the relocating parent is moving and the reasons why the non-relocating parent objects.
- any other factors related to the best interests of the child. These “other factors” include the factors a Court is required to take into consideration for custody determination and modifications.
If you are considering moving, or your former spouse or parent of your child whom you never married plans to relocate, contact us immediately for assistance in seeking a relocation, or objecting to a relocation.