Moving Away With a Child in Indiana: Relocation Notice, Distance Rules and Burden of Proof
In Indiana a relocation is a change of primary residence for 60 days or more. The relocating parent gives 90 days’ notice, the other parent has 60 days to object, and the relocating parent first proves good faith and a legitimate reason.
What does the Indiana relocation statute require?
Relocation means a change in the primary residence of an individual for a period of at least sixty days. A relocating individual must file a notice of the intent to move with the clerk of the court that issued the custody or parenting time order and send it to each nonrelocating individual by registered or certified mail not later than ninety days before the intended move, with information including the intended new residence, the date, the reasons and a proposed revised parenting time schedule (Indiana Code 31-17-2.2).
| Question | What the statute says |
|---|---|
| What counts as relocation | A change in the primary residence of an individual for a period of at least sixty days |
| Notice | Filed with the clerk of the court that issued the order and sent to the other parent by registered or certified mail, not later than 90 days before the intended move |
| Response by the other parent | Within 20 days after being served, a statement that the parent does not object or does object; a motion to prevent the move is filed within 60 days of receiving the notice |
| If there is no response | The relocating individual may relocate to the new residence |
| Burden of proof | The relocating individual first, good faith and a legitimate reason; then the other parent must show the move is not in the child’s best interest |
How can the other parent object in Indiana?
A nonrelocating parent may file a motion seeking a temporary or permanent order to prevent the relocation, not later than 60 days after receiving the notice, and the court sets the matter for hearing. The relocating individual has the burden of proving the relocation is made in good faith and for a legitimate reason; if that burden is met, the burden shifts to the nonrelocating parent to show the relocation is not in the child’s best interest (31-17-2.2-5).
What factors does the court weigh in Indiana?
The court takes into account the distance involved, the hardship and expense for the nonrelocating individual to exercise parenting time, the feasibility of preserving the relationship through suitable arrangements, whether there is an established pattern of conduct by the relocating individual either promoting or thwarting contact, the reasons of the relocating individual for seeking relocation and of the nonrelocating parent for opposing it, and other factors affecting the child’s best interest, including the custody factors in 31-17-2-8.
What if a parent moves without notice in Indiana?
The court may grant a temporary order restraining the relocation or order the return of the child where the child has been relocated without the appropriate notice, an agreement between the parties or a court order, and may award attorney fees (31-17-2.2-5).
Does the notice rule apply to every move in Indiana?
The statute has exceptions in section 1(b) of the relocation chapter, so check them before assuming a short move needs no notice. Because the exceptions turn on the facts, ask a licensed Indiana attorney.
What about support and the schedule after a move in Indiana?
A move can change the schedule and the overnights. Recount with the Indiana parenting time calculator and run the Indiana child support calculator. Indiana’s Parenting Time Guidelines include a sample schedule where distance is a major factor.
What should you do before moving in Indiana?
Read your custody order or parenting plan, send the notice by registered or certified mail at least 90 days ahead and propose a new parenting time schedule. If you are the other parent, mark the 60-day deadline for your motion.
Frequently asked questions
How much notice do I have to give before relocating with a child in Indiana?
At least 90 days before the move, by registered or certified mail and a notice filed with the clerk.
How long does the other Indiana parent have to object to a relocation?
A motion to prevent the relocation must be filed within 60 days after receiving the notice.
Who has the burden of proof in an Indiana relocation case?
The relocating individual first proves good faith and a legitimate reason; then the nonrelocating parent must show the move is not in the child’s best interest.
What is relocation in Indiana?
A change in primary residence for a period of at least 60 days.
What happens if an Indiana parent moves without notice?
The court may restrain the move, order the child returned and award fees.
Official sources
- IC 31-17-2-8: custody; best interests
- IC 31-17-2-13: joint legal custody
- Indiana Child Support Guideline 6: parenting time credit
- IC 31-17-2.2-5: motion to prevent relocation; burden of proof
- Indiana Courts: child support calculator
- Allen Superior Court: relocation of children (Indiana Code 31-17-2.2)
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.