Life in Central Indiana moves fast. Whether you are moving to a new job in downtown Indianapolis or heading to a quieter suburb in Hamilton or Johnson County, a change of scenery often follows a divorce. But if you share custody of your children, you cannot simply pack a truck and go. Indiana law has very specific rules for parents who want to move.
We understand that a new home represents a fresh start. Even so, the legal process of moving with children is one of the most common causes of post-divorce conflict. Our goal is to help families in Marion, Hendricks, Hancock, Shelby, and surrounding counties navigate these rules. We focus on providing the strong advocacy you need to protect your relationship with your children.
What is the Legal Definition of Relocation?
In Indiana, relocation is not just moving to a different state. According to Indiana Code § 31-17-2.2-1, a relocating individual is anyone who has or is seeking custody or parenting time and intends to move their principal residence.
Most moves require you to file a formal notice with the court. This rule applies whether you are the primary custodial parent or the parent with visitation rights. The law ensures that both parents stay informed about where their child lives. But there are a few important exceptions to this rule.
What is the 20-Mile Exception for Local Moves?
You might not need to file a formal notice if your move is local.
Under Indiana Code § 31-17-2.2-1(b), you are generally exempt from filing notice if your move:
- Results in a decrease in the distance between your home and the other parent’s home; or
- Results in an increase in the distance between the two homes of not more than 20 miles
The child must also stay in the same school for this exception to apply. This is a common scenario for parents moving between nearby suburbs, such as Fishers and Carmel, or Greenwood and Franklin. Even if you fall into this category, we recommend keeping the other parent informed in writing to maintain a healthy co-parenting relationship.
What is the Notice Requirement?
Unless an exception applies, you must follow the 30-day rule. Under Indiana law, a relocating parent must file a notice with the clerk at least 30 days before the intended move. If you learned of the move on short notice, you must file within 14 days of discovering the news
What Must Your Relocation Notice Include?
A simple text message or email is not enough to satisfy the court. Your formal notice must be detailed.
According to Indiana Code § 31-17-2.2-3(a), the document must include:
- The address and mailing address of the new residence
- All telephone numbers for the relocating parent
- The date of the intended move
- A brief statement of the specific reasons for the move
- A proposal for a revised schedule of parenting time
The notice must also state that the other parent has a specific timeframe to object to the move. Providing incomplete information can lead to delays or a judge denying your request to move the child.
What is the 20-Day Response Window for the Other Parent?
If you receive a relocation notice and you do not agree with the move, you must act quickly. Indiana Code § 31-17-2.2-5 creates a strict deadline for responding.
A non-relocating parent must file a response within 20 days of being served with the notice. In this response, you can state whether you object to the relocation and if you want the court to modify the existing custody or support orders. But if you miss this 20-day window, the court may allow the move to happen without a hearing.
How Do Indiana Courts Decide on Relocation?
When a parent objects to a move, the court will schedule a hearing. The judge does not start by assuming the move is bad or good. Instead, the law places the initial burden of proof on the parent who wants to move.
Under Indiana Code § 31-17-2.2-5(c), the moving parent must prove that the relocation is being made in good faith and for a legitimate reason. Common legitimate reasons include a better job offer, moving closer to supportive family members, or a significantly lower cost of living.
If the moving parent meets this burden, the responsibility shifts to the other parent. You must then show the court that the move is not in the child’s best interests.
What Factors Are in the Best Interests of the Child?
Judges in Marion County and surrounding areas consider several factors to determine what is in the child’s best interests.
Indiana Code § 31-17-2.2-7 outlines these considerations:
- The distance involved in the move
- The hardship and expense for the other parent to exercise parenting time
- The feasibility of preserving the relationship between the child and the non-moving parent
- A pattern of conduct by the moving parent to either promote or thwart the other parent’s contact with the child
- The child’s age and emotional needs
A judge might decide that while a parent can move, the child must stay in their current county with the other parent. This is why having a clear plan for future visits and digital communication is vital during a relocation hearing.
Schedule a Free Consultation with Our Compassionate Family Law Attorneys Today
Relocation cases are rarely simple. They often require a complete overhaul of your parenting time schedule and child support calculations. Because these cases involve high stakes for both parents and children, we believe in providing thorough, compassionate guidance.
Whether you are seeking to move for a better life or trying to keep your child close by, we are here to help. We represent parents in Indianapolis and throughout Marion, Hamilton, Johnson, Hendricks, Hancock, Morgan, Madison, Shelby, and Boone counties. We will listen to your story and build a strategy designed to protect your family’s future.
If you are facing a relocation issue, do not wait until the deadlines have passed. We offer free consultations to help you understand your rights under Indiana law. Contact Trapp Law, LLC today at 317-449-8550 to speak with us about your case. We provide the advocacy you need during this transition.
