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Legal Information: Indiana

Custody

Updated: 
October 27, 2020

After I file a notice of intent to relocate, what happens next?

The non-relocating parent has 20 days after being served with your notice of intent to move to file a response that contains one or more of the following:

  • a statement that s/he consents or objects to the relocation;
  • a request for a hearing;
  • a request to change the custody, parenting time order, grandparent visitation, or child support order; and/or
  • a request for a temporary or permanent order to prevent the relocation.1

If the non-relocating parent doesn’t file any response within 20 days, you can relocate.2

If the other parent requests a hearing, the judge will consider the following factors and decide whether to allow or deny the relocation:

  1. the distance involved in the proposed move;
  2. the hardship and expense involved for the non-relocating party to use his/her parenting time or grandparent visitation;
  3. how easy it will be to keep the relationship between the non-relocating party and the child, taking into consideration the financial circumstances of the parties;
  4. whether there is an established pattern of behavior by the relocating party to encourage or discourage the non-relocating party’s contact with the child;
  5. the reasons why the party wants the relocation;
  6. the reasons why the non-relocating party objects to the relocation; and
  7. any other factor that affects the best interest of the child.3

1 Indiana Statutes § 31-17-2.2-5(a)
2 Indiana Statutes § 31-17-2.2-5(g)
3 Indiana Statutes § 31-17-2.2-1(c)