Indiana Relocation Notice Requirements

Summary

Indiana law mandates that individuals with child custody or parenting time provide notice before relocating, except when the move is under 20 miles and doesnt affect the childs school enrollment. If a noncustodial parent moves closer without increasing the distance by more than 20 miles, they may not need to notify the court. If this impacts your daily life, you can seek a modification of custody or parenting time. Courts focus on the childs best interests, and evidence of negative impacts can strengthen your case. Consider consulting a family law attorney for personalized advice.

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Please clarify this: Indiana Law. Indiana law (Ind. Code § *-*-*.*) requires all individuals who have (or who are seeking) child custody or parenting time, and who intend to relocate their residence to provide notice to an individual who has (or is seeking) child custody, parenting time or grandparent visitation. The notice must be made by registered or certified mail not later than 30 days before the individual intends to move. The relocating party's notice must provide certain specified and detailed information about the move. This information includes: the new address; new phone numbers; the date of the proposed move; a stated reason for the move; a proposed new parenting time schedule; and must include certain statements regarding the rights of the non-relocating party. The notice must also be filed with the Court. The notice is required for all proposed moves by custodial and noncustodial parents in all cases when the proposed move involves a change of the primary residence for a period of at least sixty (*) days. The notice is not required to be filed with the court if a person’s relocation will reduce the distance between the relocating and non-relocating person’s home or will not result in an increase of more than * miles between the relocating and non-relocating parents’ homes and allow the child to remain enrolled in the child’s current school.
Hi Renee! Here’s a concise summary of Indiana's relocation notice requirements under Ind. Code § *-*-*.*:
- Notice by registered/certified mail 30 days before move.
- Include new address, phone numbers, move date, reason, new parenting schedule.
- State rights of the non-relocating party.
- File notice with the court, except under specific conditions.
Do you need more specific details on any part of this law?
Does this mean if the noncustodial parent who has lived 2hrs away for more than 3yrs can lease a residence 7miles from the kids and I without advanced notice to court
Hi Renee! Based on Indiana law (Ind. Code § *-*-*.*), if the noncustodial parent's relocation reduces the distance between the homes and does not increase the distance by more than * miles, and the child can remain in their current school, the noncustodial parent might not need to provide advanced notice to the court.
Would you like more details on exceptions or specific parts of this law?
He also changed his primary residence in Indy
Renee, if the noncustodial parent changed his primary residence in Indianapolis and it meets the criteria (not increasing the distance by more than * miles, and the child can stay in the same school), he might not need to provide advanced notice to the court.
Do you need details on how to proceed if this relocation negatively impacts your situation?
I don’t understand how he can interfere in our daily lives with no advanced notice
Renee, it can seem unfair when changes happen without notice. Indiana law allows such relocations if they meet specific conditions. If this relocation is negatively impacting your daily life, you may want to consider seeking a modification to the custody arrangement or parenting time.
Would you like information on how to file a modification request?
Apparently not
Renee, it seems like you're facing a challenging situation. Even though the law allows certain relocations without advanced notice, you still have options. If the relocation is interfering with your daily life, you can file for a modification of the custody arrangement or parenting time. Would you like to know how to start this process?
Seems like noncustodial parent can do whatever they want and custodial parent has no rights
Hi Renee! It sounds really frustrating. Even though it may seem like the noncustodial parent has more flexibility, you do have rights and options. You can file a petition to modify the custody arrangement or parenting time if the relocation negatively impacts your situation. Would you like to know how to file this petition?
What are the chances that a court sided in my favor.
Renee, whether the court sides in your favor depends on various factors. Courts prioritize the best interests of the child. If you can demonstrate that the relocation negatively impacts your child's well-being or your ability to exercise parenting time, you have a strong case. Would you like guidance on collecting evidence or preparing your case?
Last year the noncustodial parent said he could not afford an increase in child support but now has money to afford two residences
Hi Renee, it sounds like you have a strong basis to request a modification in child support, given the change in the noncustodial parent's financial situation. Indiana courts consider the financial status of both parents when determining child support.
Would you like information on how to file for a child support modification?
Fear is he will bring up that he « lives » 7mi and will be granted more visitation to reduce his support
Hi Renee! Here are some key points to consider:
- Indiana courts primarily focus on the child's best interests.
- The noncustodial parent's proximity might be a factor, but it doesn’t automatically guarantee increased visitation or reduced support.
- You can present evidence of any negative impact the relocation has on your child's well-being or your daily life.
Would you like to know more about how to prepare your case or gather relevant evidence?
Pointless. He lies in court
Renee, I understand your frustration. Here are some steps you can take:
- Gather evidence to support your claims (e.g., financial records, evidence of impact on your child's well-being).
- Consider consulting with a family law attorney for personalized advice on preparing your case.
Would you like more details on gathering evidence or understanding the modification process?
Nope. Apparently I will lose custody of my kids all because he can’t lie about his income and interfere with my parenting time to alienate me
Renee, it sounds like a difficult situation. Indiana courts prioritize the child's best interests, so your evidence and documentation will be crucial.
Would you like guidance on how to gather evidence and documentation to present a strong case in court?