How does Indiana law handles parental relocation, including notice requirements, custody, parenting time, and what courts consider when a parent wants to move?
When parents separate or divorce, circumstances can change quickly. A new job, remarriage, family support, or a lower cost of living may lead one parent to consider moving to another city—or even another state.
But when children are involved, moving is more complicated than simply packing a suitcase.
In Indiana, a parent who wants to relocate with a child may have specific legal notice obligations, and the other parent may have the right to object to the move. Depending on the circumstances, the court may need to determine whether the relocation should be permitted and how custody or parenting time should change.
This article explains the basics of Indiana parental relocation law and what parents should know before making a move.
Does an Indiana Parent Have to Give Notice Before Moving?
Indiana has specific requirements concerning notice of a proposed relocation.
A parent who intends to relocate must generally provide notice to the other parent and certain other individuals entitled to notice under Indiana law. The notice requirements can apply whether the parents are divorced, separated, or have established legal custody or parenting-time rights.
Because the required timing and contents of relocation notice can depend on the circumstances, parents should not assume that they can move first and address custody issues later.
If you are considering moving with your child, it is important to review the applicable Indiana relocation requirements before making arrangements.
Can the Other Parent Stop the Move?
A relocation notice does not necessarily mean that the move will automatically be granted.
The other parent may have the opportunity to object to the relocation. If the relocation is contested, the court may need to decide whether the move should be permitted and whether existing custody or parenting-time arrangements should be modified.
This is where relocation cases can become particularly complicated.
A parent may have a legitimate reason for wanting to move, but the court must also consider the effect the move could have on the child and the child’s relationship with the other parent.
What Does an Indiana Court Consider in a Relocation Case?
When a relocation is disputed, the court’s analysis focuses on the child’s best interests and the circumstances surrounding the proposed move.
Depending on the case, relevant considerations may include:
- The parent’s reason for relocating
- The other parent’s reasons for opposing the relocation
- The distance of the proposed move
- The impact on the child’s relationship with each parent
- The child’s current custody and parenting-time arrangement
- The child’s educational and community connections
- Whether meaningful parenting time can continue after the move
- The feasibility of modifying the parenting-time schedule
- The child’s needs and overall best interests
The court may also consider other facts specific to the family.
A Parent’s Reason for Moving Matters
Not every relocation is motivated by the same circumstances.
A parent may want to move because of a new employment opportunity, marriage, housing costs, educational opportunities, or proximity to extended family.
The reason for the move can be important when the court evaluates the relocation.
Likewise, the other parent’s reason for opposing the move may be relevant. One common reason to object is that the relocation would negatively impact the relationship between the child and the nonrelocating parent.
What Happens to Parenting Time After a Relocation?
If a move is permitted, the existing parenting-time schedule may no longer be practical.
For example, a schedule involving frequent weekday exchanges may become impossible if the parents will live several hours apart.
Instead, the parents or court may consider a different schedule, potentially involving:
- Longer blocks of parenting time
- Extended summer parenting time
- Holiday and school-break schedules
- Adjustments for transportation
- Virtual communication between the child and a parent
- Allocation of travel expenses and transportation responsibilities
The appropriate arrangement depends on the child’s circumstances and the distance involved.
A relocation does not necessarily mean that the non-relocating parent loses meaningful parenting time. In many cases, the goal is to create a schedule that preserves the child’s relationship with both parents while accounting for the new distance.
Can a Parent Move Without Telling the Other Parent?
Parents should comply with Indiana’s applicable notice requirements.
Failing to follow Indiana’s relocation procedures can create serious complications in an existing custody or parenting-time case, including the Court denying your request.
It can also make an already difficult situation more contentious.
If you are considering a move, obtaining legal advice before relocating can help you understand your obligations and avoid preventable problems.
What If the Other Parent Is Already Planning to Move?
The same issue can arise from the perspective of the parent who is staying behind.
If you receive notice that your child’s other parent intends to relocate, you should immediately consult with an experienced family law attorney. Acting promptly is important in relocation disputes because specific deadlines to object to the other parent’s relocation apply. Failure to promptly object can waive your right to contest the relocation.
What If the Parents Agree to the Move?
Not every relocation dispute requires a courtroom battle.
Parents may be able to reach an agreement concerning the relocation and establish a new parenting-time schedule.
A written agreement can address issues such as:
- Where the child will live
- Parenting-time dates
- School breaks and holidays
- Transportation
- Travel expenses
- Telephone or video communication
- Exchange locations
- Other custody-related responsibilities
Depending on the circumstances, an agreed modification may still need to be submitted to the court for approval.
Relocation and Indiana Child Custody: The Bigger Picture
Relocation cases illustrate why child custody is rarely just about where a child sleeps.
Indiana courts consider the child’s overall best interests, including the child’s relationships with parents and the practical realities of maintaining those relationships.
A move that appears reasonable from one parent’s perspective can have significant consequences for the other parent and the child.
For that reason, parents considering relocation should think about the legal and practical consequences before making irreversible plans.
Talk to an Indiana Family Law Attorney About Relocation
If you are planning to relocate, have received a relocation notice, or are concerned that your child’s other parent may move, an Indiana family-law attorney can help you understand the applicable requirements and develop a strategy based on your family’s circumstances.
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you navigate the process of modifying custody. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement