Indiana Code § 31-17-2.2 provides that after a court has issued a custody or parenting time order for a child, a custodial parent must take certain actions before relocating with the child from the state of Indiana.
Indiana law requires you to file a notice of your intent to move with the the court that issued the custody or parenting time order. You also must send a copy of this notice to your child's other parent who has visitation or parenting time rights by certified or registered mail at least 90 days prior to your intended move.
Generally, the notice of intent to move must contain the following:
· The address of the home where you intend to move
· The phone number of the home and any other numbers at which you and the child can be reached
· The date on which you intend to move
· The reasons for your intended move
· An explanation as to how the other parent will receive parenting time with the child
If you cannot provide this information 90 days prior to the proposed move, then you must provide it to the court and the other parent no later than 10 days after receiving the information and no later than 30 days before the move.
If your child's other parent does not dispute the proposed move and does not file a written objection with the court, you may go ahead and move with the child. However, if your child's other parent does not agree with you and the child moving, he or she must file a written objection with the court, which will then schedule a hearing to review and modify the custody, parenting time, and child support orders as needed.
The court considers the following factors when one parent objects to the other parent's move with the child:
· The distance involved in the proposed change of residence.
· The hardship and expense involved for the other parent to exercise parenting time.
· The feasibility of preserving the relationship between the other parent and the child through suitable parenting time arrangements, including consideration of the financial circumstances of the parties.
· Whether there is an established pattern of conduct by the moving parent either encouraging or discouraging the other parent's contact with the child.
· The reasons provided for the parent's intended relocation of the child.
· The reasons for the other parent's opposition to the intended relocation.
· Other factors affecting the best interest of the child.
The Law Offices of Jeffrey T. Arnold Can Help
Questions about moving with your child or stopping your child's other parent from moving? We can help. Contact Arnold Law Office today at 765-962-3344 or 866-958-5995 to set up a time to talk to Jeffrey T. Arnold about your case.