Serving Indiana Since 1994

Can I move away with my child if the right opportunity strikes?

On Behalf of | Aug 25, 2022 | Child Custody & Parenting Time

When the right job opportunity arises, you want to strike while the iron is hot even if it means moving to a new city or state. But if you have a child and are not in a relationship with your child’s other parent, you cannot necessarily just pick up and move on a whim. You must provide the child’s other parent and the Court with certain information regarding the move.

Relocation rules in Indiana

If you have custody of your child and want to relocate with your child, you must provide your child’s other parent and the Court with at least 30 days advance notice that you plan on moving. Any change in the child’s residency must be in the best interests of the child.

There is also certain information you must provide your child’s other parent with regard to your pending relocation. The child’s other parent must be informed of your new address, new phone number, when you plan to relocate and why you want to relocate. You also must be able to provide your child’s other parent with a proposed custody and visitation schedule that accounts for the move.

These relocation rules apply both to custodial and noncustodial parents. You should be aware that the notice requirements need not be met if the relocation will bring you closer to your child’s other parent or if the relocation is less than 20 miles away from where both parents live and the child will not change schools due to the relocation.

Relocation and the child’s best interests

It is natural that you have concerns about how a pending relocation will affect your child custody rights. This is true whether you are the custodial parent or the noncustodial parent. A possible move is exciting, but any move should always be in the child’s best interests to ensure the child’s life and relationship with each parent is not harmed.