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Legal Information: Indiana

Custody

Updated: 
October 27, 2020

What steps do I have to take if I want to relocate?

If you plan to move out of your current home, you need to file a notice of intent to move with the clerk of court that issued the original order if either of the following are true:

  • the move will increase the distance to the other party’s home by more than 20 miles; or
  • the child has to attend a different school due to the move.1

You have to file and serve the notice at least 30 days before the intended relocation or within 14 days after you become aware that you have to relocate, whichever is sooner. The notice must include all of the following unless the judge rules including this information would put you or your child at significant risk of substantial harm:

  1. the address of the intended new residence;
  2. your telephone number(s);
  3. the date of the intended move;
  4. a brief statement of the specific reasons for the move;
  5. a statement as to whether you do or do not believe that it’s necessary to change the order for parenting time or grandparent visitation;
  6. a statement that a non-relocating parent must file a response within 20 days of being served with the notice;
  7. a statement that a party can file a petition requesting an order to prevent the temporary or permanent relocation of a child;
  8. a statement that a non-relocating person can file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order; and
  9. a statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.2

1 Indiana Statutes § 31-17-2.2-1(a), (b)
2 Indiana Statutes § 31-17-2.2-3(1), (3); 31-17-2.2-4