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A new job, a remarriage, or a chance to be closer to family can make a move feel necessary, but when children and a custody order are involved, a parent can’t simply pack up and go. Indiana’s relocation law applies when a parent with custody or parenting time plans to change their primary residence, and it covers both the parent who wants to move and the parent who wants to stop the move or change the schedule because of it.
A parent who plans to relocate generally must file a notice of intent to move with the court that issued the custody or parenting time order and send it to the other parent by registered or certified mail at least 90 days before the move. The notice must include details like the new address and phone number, the date of the move, the reasons for it, and a proposed revised parenting time schedule. The notice requirement applies to moves of any distance, including a move across town, not only moves out of state.
The other parent then has 60 days after receiving the notice to file a motion objecting to the relocation. The court can issue a temporary order preventing the move while the objection is decided. At the hearing, the parent who wants to move must first show the relocation is made in good faith and for a legitimate reason. If they do, the burden shifts to the objecting parent to show the move isn’t in the child’s best interests. Courts consider the distance involved, the hardship and expense of continuing parenting time, whether the child’s relationship with the other parent can be preserved, any pattern of conduct by either parent to support or thwart that relationship, and the reasons for and against the move.
At RileyCate, we represent parents on both sides of relocation cases, from filing a proper notice to objecting to a move and asking the court to modify custody or parenting time. For related changes to an existing order, see our Custody Modification and Parenting Time Modification pages.
Relocation cases move on tight deadlines and turn on careful presentation of the reasons for and against a move. Keith L. Hancock leads our family law team. Keith is Of Counsel at RileyCate, LLC, and family law is the primary focus of his practice. His background includes work as a deputy prosecutor, deputy public defender, associate attorney, and founding member of his own prior firm, giving him a practical understanding of how cases are prepared, negotiated, and tried.
Keith personally oversees every family law matter we take on, working with the attorneys, associates, and staff the case calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’re planning a move with your child or have received a notice of intent to relocate, the deadlines start quickly. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a relocation attorney.
