Weekends By Appointment Only

Contact Us Today: 317-468-2355

Toll-Free: 866-958-6354

Photo of the Allen Wellman McNew Harvey, LLP logo on the office building name board

Compassionate, Goal-Oriented & Dedicated Lawyers imparting the high-satisfactory carrier to the clients

Child custody relocation rules and considerations in Indiana

You undoubtedly made your custodial agreement terms and parenting plans based on where you were at the time of divorce and the type of life you were living. However, now a new opportunity has arisen for you or your ex-spouse in another location in Indiana that you’d like to take. You can’t just pack up and move with your kids; you’ll be risking your custodial or visitation rights. Instead, you need to reach an agreement with the non-relocating parent through mediation or court on how you plan on dealing with your move. Here’s what you can expect.

What happens if you want to relocate with the children?

If you have custodial rights and want to relocate, you must notify the non-relocating parent of your intention to move. Family law requires you to give this notice 90 days before the date you intend to move. And you must send it through certified or registered mail to ensure that the other parent gets it.

This notice must contain the intended new residence, a brief statement explaining the reason for the move, a proposed parenting schedule for the children, and a pronouncement that they can file a petition to object to the proposed relocation, custody, or visitation order. If you’ve had a history of violence, the court may grant that you shouldn’t disclose your address or telephone number if that information risks your life or your child.

What happens after the notice?

The non-relocating parent will have 60 days to respond to the notice of the proposed relocation. If they agree to the relocation and the new parenting plan, the moving parent will have permission to relocate. The same applies if they fail to respond. By contrast, if they object, both sides will have to present their evidence and argument to the court to support their stand.

There are several factors that the court will consider when deciding on this move. However, the one that stands out is the child’s best interest. You must satisfactorily prove to the court that the move is necessary and directly affects your child’s interest.