Serving Indiana Since 1994

A review of Indiana’s relocation statute

On Behalf of | Dec 22, 2020 | Child Custody & Parenting Time

Like most other states, Indiana has a specific relocation laws which sets out the rights and responsibilities of  parents who are subject to custody or parenting time orders and who want to move.

In the summer of 2019, the Indiana Legislature made significant changes to Indiana’s relocation laws. Therefore, it is even more important these days for a single parent who is trying to move to make sure she correctly understands how these laws apply to this case.

The statute does not apply to every move

As an overview though, the statute does not apply to every move.

Moves in which a person is moving closer to the other parent or not moving more than 20 additional miles from the other parent may be exempt.

However, the statute may apply if it will mean the children have to change schools, even to a different school within the greater Evansville area.

In practice, this rule may make it difficult to move out of state, but it is still important that the relocation statute does not automatically apply to moves across state lines and certainly does not impose special rules on parents who want to visit another state.

Parents should also review their custody and parenting time orders, as a relocation which a judge already approved is not subject to this law.

Parents must be careful to follow the law if it applies

If Indiana’s relocation statute does apply to a parent, he must be careful to follow it. Otherwise, he may face penalties and may even lose custody or face a restriction on his parenting time.

The law requires parents who plan to move to notify the other parent about their plans, and the other parent must then timely file a response to the plans. If there is a dispute, the judge will set a hearing to resolve the issues.