[IN] [IN] My ex and I are changing our custody arrangements so she can move 45 minutes away. What is required to file with the court?
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 or parenting-time order:
1. Notice of Intent to Relocate
- When: File at least 30 days before the move, or within 14 days after learning of it — whichever comes first.
- Where: File the notice with the clerk of the court that issued your current custody or parenting-time order.
- Serve: Send a copy to the other parent by registered or certified mail.
The notice must include:
- New address (physical and mailing, if different)
- All phone numbers
- Intended move date
- A brief, good-faith reason for moving
- Whether a revised parenting-time schedule is requested
- A statement that the other parent has 20 days to file an objection
- A statement that the non-moving parent may petition for custody, parenting time, grandparent visitation, or child support modifications
- A reminder that the current orders remain in force until modified by the court
2. Objection Window
The non-moving parent (or grandparent) has 20 days from receiving notice to respond or object by filing a motion with the court.
If no objection is filed within that period, the move is typically allowed — provided notice was proper and timely.
3. Relocation Hearing (if contested)
If an objection is filed, a hearing is scheduled to determine whether the move is in the child’s best interests.
The relocating parent must show the move is in good faith and for legitimate reasons (e.g., new job, better housing, family support).
The non-relocating parent must show the move is not in the child’s best interests.
The court considers several factors under IC 31-17-2.2-1(c), including:
- Distance of the move
- Hardship and expense for the other parent
- Ability to maintain relationships
- Pattern of encouraging or discouraging contact
- Reasons for relocation and objection
- Other best-interest factors
The judge may approve, deny, or modify custody and visitation orders accordingly.
4. Petition to Modify Custody or Parenting Time
Whether contested or not, either parent can file a petition to modify custody, parenting time, or support if the move substantially affects the existing arrangement.
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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 accommodate 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 makeup 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 or parenting-time order:
1. Notice of Intent to Relocate
- When: File at least 30 days before the move, or within 14 days after learning of it — whichever comes first.
- Where: File the notice with the clerk of the court that issued your current custody or parenting-time order.
- Serve: Send a copy to the other parent by registered or certified mail.
The notice must include:
- New address (physical and mailing, if different)
- All phone numbers
- Intended move date
- A brief, good-faith reason for moving
- Whether a revised parenting-time schedule is requested
- A statement that the other parent has 20 days to file an objection
- A statement that the non-moving parent may petition for custody, parenting time, grandparent visitation, or child support modifications
- A reminder that the current orders remain in force until modified by the court
2. Objection Window
The non-moving parent (or grandparent) has 20 days from receiving notice to respond or object by filing a motion with the court.
If no objection is filed within that period, the move is typically allowed — provided notice was proper and timely.
3. Relocation Hearing (if contested)
If an objection is filed, a hearing is scheduled to determine whether the move is in the child’s best interests.
The relocating parent must show the move is in good faith and for legitimate reasons (e.g., new job, better housing, family support).
The non-relocating parent must show the move is not in the child’s best interests.
The court considers several factors under IC 31-17-2.2-1(c), including:
- Distance of the move
- Hardship and expense for the other parent
- Ability to maintain relationships
- Pattern of encouraging or discouraging contact
- Reasons for relocation and objection
- Other best-interest factors
The judge may approve, deny, or modify custody and visitation orders accordingly.
4. Petition to Modify Custody or Parenting Time
Whether contested or not, either parent can file a petition to modify custody, parenting time, or support if the move substantially affects the existing arrangement.
Andres Sanchez
Do you have any other questions?
Not right now, thank you — that was quite complete.
Andres Sanchez
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