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: Indiana

Estatutos Seleccionados: Indiana

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Actualizada: 
27 de octubre de 2020

31-17-2.2-5 Motion to prevent relocation of child; hearing; burden of proof

Sec. 5. (a) Except as provided in subsection (b), a nonrelocating parent shall file a response not more than twenty (20) days after the day the nonrelocating parent is served notice from the relocating individual under section 3 of this chapter. The nonrelocating parent’s response must include one (1) of the following:

(1) A statement that the nonrelocating parent does not:

(A) object to the relocation of the child; and

(B) request the modification of any custody, parenting time, grandparent visitation, or child support order.

(2) The following:

(A) A statement that the nonrelocating parent does not object to the relocation of the child.

(B) A motion requesting the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.

(C) A request for a hearing on the motion filed under clause (B).

(3) The following:

(A) A statement that the nonrelocating parent objects to the relocation of the child.

(B) A motion requesting:

(i) a temporary or permanent order to prevent the relocation of the child; and

(ii) the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.

(C) A request for a hearing on the motion filed under clause (B).

(b) A nonrelocating parent is not required to file a response under subsection (a) if the parties have executed and filed with the court a written agreement resolving all issues related to custody, parenting time, grandparent visitation, and child support resulting from the relocation of the child. The agreement must include a child support worksheet to be signed by the parties and attached to the agreement, if the agreement results in a modification of support.

(c) A motion filed under subsection (a)(2) or (a)(3) must state whether the relocating individual and the nonrelocating parent have participated in mediation or another alternate dispute resolution process regarding the relocation of the child.

(d) On the request of either party, the court shall hold a full evidentiary hearing to allow or restrain the relocation of the child and to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order.

(e) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.

(f) If the relocating individual meets the burden of proof under subsection (e), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.

(g) If the nonrelocating parent fails to file a response under subsection (a), the relocating individual may relocate to the new residence.