You could move for a variety of reasons, and most of them will affect your child. Whether your employer offered a promotion or you need to move closer to family, a move is a significant transition. Relocating your child will need coordination and agreement from both parents to be successful.
When you share custody, moving involves more than just hiring a moving company. In fact, you will need to know how to strictly adhere to Indiana’s legal protocols. If you are a parent in Lake County, understanding Indiana law is essential to protecting your relationship with your child.
The 30-day notice
If you have custody and plan to relocate with your child, you should plan weeks to months in advance. Moving your primary residence has specific requirements. Under Indiana Code 31-17-2.2, you must provide written notice at least 30 days before your intended move. If you receive less than 30 days’ advance notice yourself, you must inform the other parent within 10 days of learning the move details.
Your notice must include specific information such as:
- New address
- Date you plan to move
- Reason for relocation
- Contact details
- Proposed revised parenting time schedule
You must file a “Notice of Intent to Relocate” with the court where you received your original custody or parenting time order. Additionally, you must send this notice to every person who has parenting time rights or has allocated parental responsibilities.
The 30-day statutory requirement ensures that the other parent has sufficient time to process the change.
The 20-day objection period
Once you file your notice, your co-parent has to work with a deadline. If they do not agree to the move or the proposed changes to the parenting schedule, they have 20 days to act. To object, the co-parent must file their formal objection with the court within 20 days of receiving your notice.
If they fail to object within this 20-day window, the court may allow the relocation to proceed without a hearing. However, when an Indiana court receives an objection, a judge will schedule a hearing to determine whether to permit the relocation.
Pursuing relocation
The court examines multiple factors such as the distance of the new location, feasibility of maintaining parent-child relationships and more. Because you may need to present evidence for your case, navigating these complex requirements alone may be risky. Procedural mistakes could jeopardize your relationship with your child or your planned move. Consider consulting a legal professional in Indiana to help you arrange documents and plan for future hearings.
