Indiana Relocation Law

A couple years ago, the Indiana law regarding relocation of parents changed drastically. Formerly, there was only a duty to file a notice of relocation with the court if you were moving 100 or miles away, and only the custodial parent had that obligation. Indiana law now requires that individuals of parenting time or visitation order (including individuals who may have grandparent or third-party visitation rights) must file and serve upon the other party a notice of intent to relocate whenever he/she relocates his/her residence. Further, there is no distance restriction for this requirement. For example, if a party moves to the apartment across the street, he/she must file and serve a notice of intent to relocate upon the other party.

The notice of relocation must be filed and served upon the opposing party no less than ninety (90) days before the parent intends to relocate, and the notice must contain the following information: the intended address of the new residence; the home telephone number of the new residence; any other applicable telephone number for the relocating individual; the date that the relocating individual intends to move; a brief statement of the specific reasons for the proposed relocation of the child; a proposal for a revised parenting time schedule with the child; language stating that the other party must file any objection to the relocation of the child with the court not later than sixty (60) days after receipt of the notice of relocation; language stating that the non-relocating party may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order with the court.

After filing and serving this notice of relocation, the non-relocating party may file a motion with the court objecting to the relocation of the child. If such an objection is filed with the court, the relocation is contested and must be scheduled for hearing by the court.

Over the past two years the Indiana Court of Appeals has issued opinions illustrating how the relocation laws should work when applied. The most recent case is located here. The Indiana Court of Appeals described the burden in a relocation case:

If the non-relocating parent files a motion to prevent relocation, the relocating parent must first prove that the proposed relocation is made in good faith and for legitimate reason. If this burden is met, the non-relocating parent must then prove that the proposed relocation is not in the best interest of the child.

When considering whether the relocation is in the best interest of the child the court will consider the following factors:

  1. The distance involved in the proposed change of residence.
  2. The hardship and expense involved for non-relocating the individual to exercise parenting time or grandparent visitation.
  3. The feasibility of preserving the relationship between the non-relocating individual and the child through suitable parenting time and grandparent visitation arrangements, including consideration of the financial circumstances of the parties.
  4. Whether there is an established pattern of conduct by the relocating individual, including actions by the relocating individual to either promote or thwart a non-relocating individual's contact with the child.
  5. The reasons provided by the:
    1. relocating individual for seeking relocation; and
    2. non-relocating parent for opposing the relocation of the child

While the new relocation laws are complex and onerous, the effect of the law has been positive, in that relocations must now be litigated before they occur. Furthermore, the procedure is now well-defined.

If you are going to be involved in a relocation or custody dispute you need an attorney. In this case the Court of Appeals stated:

We encourage parties facing issues involving the custody of children to obtain counsel to aid in the litigation of the custody disputes. Because the court's order has such a profound effect on the lives of the parties and their children, we cannot emphasize enough the importance of presenting sufficient evidence and developing an adequate record.

Indianapolis Divorce Lawyers are Knowledgeable in Indiana Relocation Laws

Contact the Indianapolis divorce lawyers at Hollingsworth & Zivitz, PC to receive a legal consultation on your legal matters. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.