A new job in Indianapolis. A cheaper rental two counties over. A chance to live closer to family who can help with the kids. Moving is a normal part of life, but when you share custody or parenting time, a move isn’t only your decision anymore. Indiana has a specific relocation statute, IC 31-17-2.2, and it applies to parents across Greene, Monroe, Lawrence and Owen Counties whether the order came from a divorce, a paternity case or a custody case. Here is how it works, for the parent who wants to move and for the parent who is being told about a move.
Who has to give notice
Under IC 31-17-2.2-1, a “relocating individual” who has or is seeking custody or parenting time must file a notice of intent to move with the clerk of the court that issued the custody or parenting time order.
You generally do not have to file that notice if:
- a prior court order already addresses the move, or relieves you of the notice requirement;
- the move puts you closer to the other parent; or
- the move adds no more than 20 miles between your home and the other parent’s home and your child can stay enrolled in the same school.
Even when no notice is required, the court can still modify custody, parenting time or support if a move changes things. And separately, every parent with an order has an ongoing duty to keep the other parent advised in writing of their home address, phone numbers and email addresses (IC 31-17-2.2-0.5).
Deadlines for the notice
The notice must be filed and served on the other parent no later than 30 days before the move, or within 14 days after you become aware of the move, whichever is sooner (IC 31-17-2.2-3). In practice, that means you shouldn’t wait until the lease is signed and the truck is booked. If you know in March that you’re moving in June, the 14-day clock started in March.
What the notice must say
The statute spells out what goes in the notice. It must include:
- your intended new address (and mailing address, if different);
- all of your telephone numbers;
- the date you intend to move;
- a brief statement of the specific reasons for the move;
- whether you believe parenting time needs to be revised;
- a statement that the other parent must file a response within 20 days after service;
- statements that a party may ask the court to prevent the move and may ask to modify custody, parenting time or support; and
- a statement that all existing orders stay in effect until the court changes them.
If disclosing your new address would create a significant risk of substantial harm to you or your child, for example where there is a history of domestic violence, the court can protect that information under IC 31-17-2.2-4. Raise that issue with the court rather than leaving the address off on your own.
If you’re the parent who gets the notice
Under IC 31-17-2.2-5, the parent who is not moving must file a response within 20 days after being served. The response takes one of three forms:
- No objection to the move and no request to change any orders;
- No objection to the move, but a motion to modify custody, parenting time or support because of it, with a request for a hearing; or
- An objection to the move, with a motion asking the court to prevent the relocation (temporarily or permanently) and to modify orders, plus a request for a hearing.
No response is needed if the parents have already signed and filed a written agreement resolving custody, parenting time and support issues tied to the move. If the agreement changes support, a signed child support worksheet must be attached.
Don’t ignore the notice. Twenty days goes quickly, and the response is how you put your position in front of the court.
How the court decides
On either parent’s request, the court holds a full evidentiary hearing. The process has two steps:
- The parent who wants to move must show the move is proposed in good faith and for a legitimate reason. Indiana’s appellate courts have recognized common reasons such as a job, finances or living closer to family, but the reason has to be more than a pretext for putting distance between the child and the other parent.
- If that showing is made, the burden shifts to the other parent to show the move is not in the child’s best interest.
In weighing the move, the court considers factors listed in IC 31-17-2.2-1, including:
- the distance involved;
- the hardship and expense for the other parent to keep exercising parenting time;
- whether the relationship with the other parent can be preserved through a workable parenting time schedule, including the parents’ finances;
- any pattern of conduct by the moving parent that promotes or thwarts the other parent’s contact with the child;
- each parent’s reasons for seeking or opposing the move; and
- other factors affecting the child’s best interest.
The court may order mediation before the hearing, and it may award reasonable attorney’s fees.
Moving without notice
Skipping the notice can backfire. Under IC 31-17-2.2-6, if a child is moved without proper notice, an agreement or a court order, the court can issue a temporary order restraining the relocation or ordering the child returned to the other parent while the case is pending. And if a move does happen, all existing custody, parenting time and support orders remain in effect until a court changes them.
A practical checklist
If you’re thinking about moving:
- Read your current order. It may already address relocation.
- Measure the added distance between the two homes and check whether your child would change schools.
- Talk to the other parent early if it’s safe to do so. A written agreement filed with the court can save a contested hearing.
- Calendar the 30-day / 14-day deadline the moment the move becomes real.
- Write down your specific reasons and a realistic proposed parenting time schedule, including transportation.
If you’ve been served with a notice:
- Note the date of service and count 20 days.
- Decide whether you object to the move itself or only to how parenting time and support would work afterward.
- Gather the facts the court will weigh: distance, travel cost, school, and your history of time with your child.
- Keep following the current order. It stays in effect until the court changes it.
Talk with a family law attorney
Relocation cases move fast and turn on details. If you’re planning a move or have been served with a notice of intent to move in South Central Indiana, Sutton Law Office handles custody and parenting time matters in Greene, Monroe, Lawrence and Owen Counties and can walk you through your options.
This article is general information, not legal advice. Every case depends on its own facts and court orders.