[IN] [IN] How do I change custody arrangements?
My ex and I are changing our custody arrangements in Indiana so she can move 45 minutes away. What is required to file with the court?
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Here’s what you (or your ex) must do under Indiana law when relocating about 45 minutes away (more than 20 miles) with children under a custody/parenting-time order:
Notice of Intent to Relocate
When: File at least 30 days before the move—or no more than 14 days after learning of it—whichever comes first
Where: Submit the notice to the clerk in the court that issued your current custody or parenting-time order
Serve: Send a copy by registered or certified mail to the other parent
Contents must include:
- New address (physical + mailing if different)
- All phone numbers
- Date of intended move
- Brief, good‑faith reason for moving
- Whether you think a revised parenting time schedule is needed
- A statement that the other parent has a 20-day window to respond or file an objection
- Mention that the non-moving parent may petition for custody, parenting time, grandparent visitation, or child‑support modifications
- A note that current orders remain in force until the court modifies them
Objection Window
The non-moving parent (or grandparent) has 20 days from service to respond or object by filing a motion with the court
If no objection is filed within that window, the move is typically allowed as long as notice was timely and correctly given
Relocation Hearing (if contested)
If an objection is filed:
- Hearing is scheduled to determine whether the move is in the children's best interests
- Relocating parent must show the move is sincere, in good faith, and for legitimate reasons (e.g. job, housing, family)
- Non-relocating parent must show the move is not in the child’s best interests, typically due to significant reduction in parenting time, hardship, or disruption
- Court considers factors under IC 31‑17‑2.2‑1(c), including:
- distance of move
- hardship and expense for non-moving parent
- ability to maintain relationship with children
- pattern of encouraging or discouraging contact
- respective reasons
- other best interest factors
Outcome: Court may approve (with or without parenting-time modifications), deny, or adjust custody/visitation orders accordingly
Petition to Modify Custody or Parenting Time
Whether contested or not, you (or your ex) can file a petition to modify custody, parenting time, or support if the move substantially affects the current arrangement
The court may consider a change in those orders if warranted.
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My ex and I are changing our custody arrangements in Indiana so she can move 45 minutes away. What is required to file with the court
Lexi, Chatbot
I understand that you are looking to change your custody arrangements in Indiana. Have you and your ex already discussed the proposed changes?
Yes
Lexi, Chatbot
Have you considered how the move will impact the current custody agreement and the child's best interests?
Yes we've already discussed this heavily, the change in custody is temporary.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured, they'll be able to help with your custody modification.
Yes
Andres Sanchez
Hello. My name is Andres Sanchez, and I am an attorney with 18 years of experience. How are you?
Just fine how are you?
Andres Sanchez
I'm good. Thanks.
We currently live separately after divorce in Lafayette, Indiana. My ex wants to move closer to Indianapolis to pursue other job opportunities.
I can accomodate this I think from here, the idea being that we would temporarily switch our current 2/2/3 custody arrangement of our daughter to me having her every weekend, with make-up overnights on long holidays and a few extra weeks during the summer.
Andres Sanchez
Here’s what you (or your ex) must do under Indiana law when relocating about 45 minutes away (more than 20 miles) with children under a custody/parenting-time order:
Notice of Intent to Relocate
When: File at least 30 days before the move—or no more than 14 days after learning of it—whichever comes first
Where: Submit the notice to the clerk in the court that issued your current custody or parenting-time order
Serve: Send a copy by registered or certified mail to the other parent
Contents must include:
- New address (physical + mailing if different)
- All phone numbers
- Date of intended move
- Brief, good‑faith reason for moving
- Whether you think a revised parenting time schedule is needed
- A statement that the other parent has a 20-day window to respond or file an objection
- Mention that the non-moving parent may petition for custody, parenting time, grandparent visitation, or child‑support modifications
- A note that current orders remain in force until the court modifies them
Objection Window
The non-moving parent (or grandparent) has 20 days from service to respond or object by filing a motion with the court
If no objection is filed within that window, the move is typically allowed as long as notice was timely and correctly given
Relocation Hearing (if contested)
If an objection is filed:
- Hearing is scheduled to determine whether the move is in the children's best interests
- Relocating parent must show the move is sincere, in good faith, and for legitimate reasons (e.g. job, housing, family)
- Non-relocating parent must show the move is not in the child’s best interests, typically due to significant reduction in parenting time, hardship, or disruption
- Court considers factors under IC 31‑17‑2.2‑1(c), including:
- distance of move
- hardship and expense for non-moving parent
- ability to maintain relationship with children
- pattern of encouraging or discouraging contact
- respective reasons
- other best interest factors
Outcome: Court may approve (with or without parenting-time modifications), deny, or adjust custody/visitation orders accordingly
Petition to Modify Custody or Parenting Time
Whether contested or not, you (or your ex) can file a petition to modify custody, parenting time, or support if the move substantially affects the current arrangement
The court may consider a change in those orders if warranted.
Thank you that was quite complete.
Andres Sanchez
You're welcome. I hope everything works out for you.
It's always a gamble, isn't it? Like life, nothing is ever safe, nothing is ever normal, nothing is ever finished. But we go on anyhow, until it's over. Best of luck to you.
Andres Sanchez
Thank you.
Andres Sanchez
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