Requirements for Parents to File a Notice of Intent to Relocate

In Indiana, if you have or are seeking custody or parenting time with a child, you are
generally required to keep anyone else who has or is seeking either of those rights informed of
your home address, phone number, and email address. When moving to a new address, a notice of
intent to relocate is required, with some exceptions. The relocating individual is not required to file
a notice if the relocation will allow the child to remain enrolled in their current school and the
move either results in a decrease in the distance between the relocating individual’s residence and
the nonrelocating individual’s residence, or the increase in distance between the two individuals’
homes is twenty miles or less. Additionally, in some cases, a court may order that a party does not
have to file a notice of their move. If neither exception applies to the relocating individual, then
they are required to file a notice of intent to relocate.

It is important you file the notice of intent to relocate in the correct court. The notice must
be filed with the clerk of the court that issued the custody order or a parenting time order. If no
custody or parenting time order has been issued, then the notice must be filed with the court that
has jurisdiction over the legal proceedings concerning the custody of or parenting time with a child.
When you file the notice, you also have to properly serve a copy of it on any other person who has
or is seeking custody, parenting time, or grandparent visitation. The timing of the filing is also
important. The relocating parent must file no later than thirty days before the date of the intended
relocation or no more than fourteen days after the relocating individual becomes aware of the
relocation, whichever is sooner.

There is specific information that must be included in a notice of intent to relocate. This
includes: the new address and all telephone numbers for the relocating individual; the date they
intend to move; a brief statement for the specific reasons for the proposed relocation; a statement
as to whether the relocating individual believes that any changes to parenting time or grandparent
visitation are necessary; a statement that a non-relocating parent must file a response to the notice
with the court no later than twenty days after service of the notice; a statement that a party may file
a petition requesting an order to prevent the temporary or permanent relocation of a child; a
statement that a non-relocating individual may file a petition to modify an order on custody,
parenting time, grandparent visitation, or child support; and a statement that all existing orders for
custody, parenting time, grandparent visitation, and child support remain in effect until modified
by the court.

If requested by a party, the court will set a hearing to determine whether a modification to
any orders, including custody, parenting time, grandparent visitation, or child support is necessary.
The court considers several factors when making this determination, including: the distance
involved in the proposed move; the hardship and expense involved for the nonrelocating individual
to exercise parenting time or grandparent visitation; the feasibility of preserving the relationship
between the nonrelocating individual and the child through appropriate parenting time and
grandparent visitation arrangements, including consideration of the financial circumstances of the
parties; whether there is an established pattern of conduct by the relocating individual, including
actions to either make it easier or harder for a nonrelocating individual to have contact with the
child; any reasons provided by the relocating and non-relocating individuals for their respective
positions on the proposed move; and any other factors affecting the best interest of the child.

If you are planning to move and need help filing a notice of intent to relocate, or if you
have received such a notice and want to contest the move, please contact McNeelyLaw LLP by
calling (317) 825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal
opinion of any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own lawyer on any specific legal questions you
may have concerning your situation.