Notice Of Intent To Relocate
In Indiana, the custodial parent, must notify the non-custodial parent and the court prior to relocating with the minor child(ren), whether it’s a move across the country or across the street.
If you are the custodial parent and wish to relocate, or you are the non-custodial parent and wish to object to the relocation of your child(ren), please review Indiana Code 31-17-2.2.
A Hearing Officer cannot legally prevent the parent from moving, but can prohibit the child(ren) from relocating if it is not in the child(ren)’s best interest.
Duties /of Relocating Parent
- Filing notice of intent to move, no later than ninety (90) days before the intended move, with the Clerk of the Court that issued the custody or parenting time order; and
- Send a copy of the notice to the child(ren)’s non-relocating parent by registered or certified mail.
Objection To 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. You may file a motion with the court asking to prevent the relocation of the child(ren) and the court will set the matter for a hearing. This motion MUST be filed within sixty (60) days of receiving the notice of intent to relocate.
If the non-relocating parent does not file an objection, the relocating parent who has custody of the child(ren) may move.
Parenting Time Where Distance Is A Major Factor
The Indiana Parenting Time Guidelines provides a sample parenting time schedule for “Parenting Time Where Distance is a Major Factor.”
Mandatory Mediation Notice
In all family relations cases that involve parenting time issues pending before the court, the Indiana Parenting Time Guidelines require all parties to participate in mediation prior to scheduling any matter before the court, unless otherwise ordered by the court. A Mandatory Mediation Notice should accompany all parenting time filings.