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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
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      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
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      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
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      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

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  5. What You Need to Know About Child Custody Relocation

What You Need to Know About Child Custody Relocation

On Behalf of Dixon & Moseley, P.C. | Jan 16, 2019 | Child Custody, Custody Relocation

Most of us will have multiple jobs during our work career. The days of starting, working for and retiring with a company are mostly past. For divorced parents or those who have children born outside of marriage, a move for a job, new relationship, or the myriad of reasons, the move is more complicated because of Indiana’s custody relocation status. This requires these parents to provide advance notice of relocation or face legal consequences from payment of legal fees to loss of custody. This blog addresses four little-known details or considerations relevant to custody relocation you must know.

First, both custodial and non-custodial parents must provide notice by a legal filing served on the other parent providing notice he or she is relocating. Under a prior widely accepted rule, the “Marion County” rule only custodial parents seeking to relocate more than 100 miles had to provide any notice. Now by statue relocating parents must provide notice of relocation even if the move is across the street or nearby. Failure to do so can have significant legal consequences.

Second, the requirement to provide notice of relocation in accordance with statute applies to custodial and non-custodial parents. Yes, even the non-custodial parent who intends to move must provide notice before he or she moves, or it may negatively impact his or her parenting time. Thus, the take away is with literally any move of any distance—even in the same neighborhood—custodial and non-custodial parents must file a notice with the court.

Third, a relocating parent must provide ninety (90) days’ notice before he or she intends to relocate to allow the non-relocating parenting to object and seek a hearing. While there are statutory exceptions to this much notice being required, failure to do so can place you in a weak position in court if the non-relocating objects. Thus, where relocation is occurring, the relocating parent is best-served by a proper filing and careful draftsmanship if the relocation will occur in less than ninety (90) days or maximize the potential for a costly legal battle.

Fourth, a custodial parent who relocates without providing notice or proper notice may be subject to contempt and return order forcing the child to remain or return to their home or be placed in the presence of the non-custodial parent until the matter is heard to preserve the status quo. While a court cannot prevent any parent from moving because every adult has a constitutional right to move between states, he or she can have significant legal consequences for moving without proper notice, including loss of custody.

In today’s mobile and ever-changing society, a parent (divorce or paternity) who seeks to relocate without legal jeopardy, is well-served by having this handled by counsel to maintain or enhance his or her contact with the children. Equally, a non-custodial parent who faces a relocation or is given notice with relocation has certain risks and opportunities at obtaining custody with the right legal theory and litigation strategy. Dixon & Moseley, P.C. advocates handle relocation cases from all sides throughout the state. We hope this blog post helps you consider the unknown and unique consequences on legal opportunities created by relocation. This blog is written for general informational purposes and is not intended as legal advice or a solicitation for services. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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