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Legal Information: Indiana

Statutes: Indiana

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Updated: 
July 16, 2020

IC 31-17-2.2-3 Notice of intent to move; content of notice; time requirements

Sec. 3. Except as provided in section 4 of this chapter, an individual required to file a notice under section 1 of this chapter must:

(1) file and serve the notice on each nonrelocating individual who is a party to the action in accordance with the Indiana Rules of Trial Procedure not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner;

(2) send the notice to any nonrelocating individual who is not a party to the action by registered or certified mail not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner; and

(3) provide the following information in the notice:

(A) The intended new residence, including the:

(i) address; and

(ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).

(B) All telephone numbers for the relocating individual.

(C) The date that the relocating individual intends to move.

(D) A brief statement of the specific reasons for the proposed relocation of the child.

(E) A statement that the relocating individual either does or does not believe that a revision of parenting time or grandparent visitation is necessary.

(F) A statement that a nonrelocating parent must file a response regarding the relocation of the child with the court not later than twenty (20) days after service of the notice.

(G) The following statements:

(i) A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child.

(ii) A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.

(H) A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.