Relocation of Custodial Parent in Indiana

In Indiana, the custodial parent must notify the non-custodial parent and the court prior to relocating with the minor children, whether it’s a move across the country or across the street.

If you are the non-custodial parent, you may have encountered the following situation: your ex-spouse tells you that she has received a job offer in another state. One of your immediate thoughts is likely, “What does this mean for our children and my parenting time?”

As the non-custodial parent, you have a few options on how to address relocation. Contact our team of dedicated child support attorneys to learn about your legal options.

Understanding Indiana’s Legal Framework for Custodial Parent Relocation

The Custodial Parent Must File a Notice of Intent to Relocate

As of 2024, Indiana Code Section 31-17-2.2 requires custodial parents to file a notice of intent to move with the presiding court unless a specific exception applies. The parent must file and serve the notice to the noncustodial parent at least 30 days before the relocation OR less than 14 days after the custodial parent learns about the relocation, whichever is sooner. The other parent must respond within 20 days of being served notice unless they have filed a written agreement with the court resolving custody and parenting time issues related to the relocation.

The relocating parent does not have to notify the court if the relocation:

• Has already been addressed in a prior court order
• Moves the custodial parent closer to the noncustodial parent
• Increases the distance between the parents’ houses by less than 20 miles and allows the child to remain enrolled in their current school

If either party requests a hearing, the court will set a date to determine whether the child is allowed to relocate with the parent and whether custody and parenting time should be modified. This hearing happens whether the relocating parent is exempt from providing notice or not.

It is up to the relocating parent to prove that the relocation is made legitimately and in good faith. If they can, the nonrelocating parent is responsible for showing that the relocation is not in the best interest of the child.

If the nonrelocating parent fails to respond to the notice of intent, the custodial parent is automatically permitted to move with the children.

You Can File an Objection to the Relocation

As a non-custodial parent, you have the right to object to the relocation if said relocation will have an effect on your parenting time. So, if your ex plans to move eight hours away and wants to take the children as well, you have to decide whether you will consent to the children relocating.

Factors Courts Consider in Relocation Cases

When it comes to relocation cases, there are certain factors a court will take into consideration if you do choose to object. These considerations will be pursuant to Indiana Code § 31-17-2.2-5.

To start, the relocating parent must meet the initial burden of proof. This means the parent must adequately show that their proposed relocation is being made for a legitimate reason and in good faith. Such reasons may include:

• Obtaining a better paying job,
• Relocating for a fiancé, or
• Moving closer to family.

Once this requirement is met, the burden of proof shifts to the non-custodial parent to show that the proposed relocation is not in the child’s best interest.

Depending on the specific facts of the case, non-custodial parents may be able to use various arguments, which might include:

• Such relocation deprives you of significant parenting time and, in turn, potentially harms your relationship with your child.
• There are legitimate reasons for you to strongly believe that the custodial parent will not prioritize the maintenance of a healthy long-distance relationship between you and that child.
• The child already has strong ties in the current community (e.g., school), and a move will adversely affect them.
• The child is older and expresses a sincere wish not to relocate.

Other arguments can also be made based on what your particular circumstances are and how they will affect your child. An experienced family law attorney for men can help you identify the important considerations and prepare solid arguments to present to the court on your behalf.

Ultimately, however, the judge in the case will need to determine whether the reason for relocating is legitimate and whether the relocation fails to be in the child’s best interests.

Impact of Relocation on Child Support and Parenting Time

The Indiana Parenting Time Guidelines provide a sample parenting time schedule for “Parenting Time Where Distance is a Major Factor.”

The courts will often encourage as much parenting time as is feasible given the geographical distance between the parent and child while taking into account that the child will likely have some activities in his or her local area that can provide enrichment to the child’s life as well, thus requiring the child to have some weekends and “off” times at their primary residence.

• The non-custodial parent essentially receives a majority of any “break” time the child has from school, such as seven weeks in the summer, Spring Break and Fall Break, and a week at Christmas.
• Additionally, if you ever travel to the city where your child lives or if your child is visiting your area, then you should receive liberal parenting time during those times as well.
• In some cases, if the relocation is only a few hours away, the court may apply the schedule where distance is a major factor but also grant you additional weekends throughout the year.

Personal Stories of Navigating Custodial Parent Relocation

Navigating custodial parent relocation can be emotional, frustrating, and overwhelming. Personal stories abound and can give you hope in some situations and worry you in others. Still, seeking a solution that is in the best interests of the child will be at the forefront of any action taken.

By way of example, one personal story includes a situation where an ex relocates far away, leaving the non-custodial parent feeling worse than when going through the actual divorce and child custody process.

The divorce took place when the child was only three years old and the parents shared custody for almost seven years. These years involved the non-custodial parent taking on more of the responsibility and parenting time with the child because the mother was unable to do so. Then, suddenly, with only a week’s notice, the custodial parent decided to move some 500 miles away.

Upon learning of the quick relocation, the non-custodial parent filed for full custody as soon as possible and was ordered into mediation to try and work something out. Throughout the process, the goal continued to be finding ways to protect the child while also maintaining the relationship with each parent.

An agreement was reached where the child would alternate years with each parent, starting with the non-custodial father. In the end, this father emphasized that working with an experienced family law attorney proved to be a valuable choice.

Please note that most relocation cases require a trial because there are often few options to find compromise in a relocation case. Therefor, you need knowledgeable and experienced legal counsel to represent your best interests.

Why Work With Cordell & Cordell?

The law firm of Cordell & Cordell is committed to aggressively advocating for fathers in divorce and custody cases. With over 30 years of service to clients, we continue to offer quality representation to men who need our help to overcome specific circumstances in their lives and tackle societal assumptions that often go against them.

We have represented thousands of clients and maintained high client satisfaction rates throughout our firm’s history. Our legal professionals focus on providing you with a high level of client service in our attorney-client relationship.

Get to Know Us Through the Words of Past Clients

“[My attorney] was very attentive, and I feel he really cared about the case and not just about the money.” — Isaac H.

“You guys saved my [child’s] life. I couldn’t be more appreciative.” — Shawn B.

Keep Your Kids Close With Cordell & Cordell

Ultimately, a proposed relocation usually calls for significant reflection regarding what is best for your child and what you wish to do to keep your child with you.

As each case is factually different, it is best to consult with an Indiana family law attorney regarding your options as soon as you are put on notice that your ex may try to move with your child.

Your Indiana divorce lawyer can help you evaluate your case so that you can formulate your thoughts regarding what is best for you and your child. Contact us today to learn how our firm has helped Indiana fathers like you.