Carmel, IN Relocation Attorneys

Do I Need to File a Notice of Intent to Relocate in Indiana?

In 2019, there was a significant change to the law applicable to relocating parents. Presently, if your proposed relocation decreases the distance between you and the other parent, or your proposed move will not increase the distance between you and the other parent by more than twenty (20) miles, and the children’s school will not change, you do NOT need to file a notice of intent to relocate.

Our relocation attorneys represent clients in Carmel, Indianapolis, and throughout Central Indiana. Have questions, call (888) 211-3888 today.

On This Page:

• Are You the Relocating Parent?
• Are You the Non-Relocating Parent?
• Failure to File Notice of Intent to Relocate
• Custody Relocation Factors
• Need Legal Assistance Concerning Notice of Intent to Relocate?

If you are the relocating parent: If your relocation will increase the distance from the other parent by more than 20 miles and/or the child’s school would be changed, you will be required to file a notice of intent to relocate. The notice must be filed not less than 30 days prior to your proposed move, or alternatively not more than 14 days after you initially become aware a relocation will be required, whichever date is sooner. Indiana law sets forth specific requirements for a notice of intent to relocate, so you are encouraged to seek counsel to ensure you are in compliance with applicable law.

If you are the non-relocating parent: Time is of the essence if you want to object to the relocation. Once a notice of intent to relocate is filed with the court, a non-relocating parent is required by Indiana law to file a response within 20 days of receiving that notice. Thus, if you intend to object to the proposed relocation, it is important to contact counsel as soon as possible.

Failure to file a notice of intent to relocate or neglecting to file an objection within the required time frame can substantially impact the terms of your custody and parenting time arrangement. Our legal team is dedicated to protecting your child and your rights in all relocation matters and can guide you through the appropriate steps necessary in order to preserve your custody and parenting time rights.

The proposed relocation will be evaluated based on various factors, including:

• Reasons for the relocation
• Distance of the move between all parties involved
• Feasibility of preserving the relationship between the child and the non-relocating parent or guardian
• Financial hardship and expense for the non-relocating parent or guardian
• Pattern of conduct by the relocating parent or guardian

Once a relocating parent proves the proposed move is made in good faith, a court will determine whether the proposed move is in the best interests of the child. What constitutes the best interests of a child is unique to each case and as a result, it’s important to contact an relocation attorney in Carmel, IN as soon as any intended move is contemplated.