Filing a Notice of Intent to Move
If a parent wants to move – whether it is across the street or across
the country – they are required to file a notice of intent to move.
This requirement applies to custodial and non-custodial parents. The notice
of intent to move must be filed and provided to the non-relocating parent
90 days before the proposed relocation date. Within 60 days after receiving
the notice, the non-relocating parent may object by filing a motion to
modify custody. If the non-relocating parent takes no action, the relocating parent may
move to the new residence.
If the non-relocating parent files a motion to prevent relocation, the
relocating parent must first prove that the proposed relocation is made
“in good faith and for a legitimate reason.” If this burden
is established, the non-relocating parent must show that the proposed
relocation is not in the child’s best interest.
Factors to Consider in a Relocation Case
If you and the other parent cannot agree on a relocation request, the matter
will go to court for a judge to decide. Indiana courts always act in the
child’s best interests.
In considering a proposed relocation, the court must weigh many factors,
- The distance of the request move
- How the move would affect the non-relocating parent’s parenting time
- How feasible it would be to preserve a relationship between the non-relocating
parent and the child
- Whether the relocating parent has ever tried to impede the non-relocating
parent’s contact with their child
- Why the relocating parent is seeking to move
- Why the non-relocating parent is opposing the move
- The child’s age
- The child’s wishes (if they are at least 14 years old)
- How the move would affect the child’s relationships with other family members
- How the child would adjust to a new home, school, and community
- Every party’s mental and physical health
- Any evidence of domestic violence
- Evidence that the child has been cared for by a de facto custodian.
After a full evidentiary hearing, the court will either grant or deny the
relocation. In relocation cases, the court must receive specific facts
regarding the moving plans and how the child would benefit and or suffer
from such a change in residence.
Contact Our Custody Lawyer Today
Relocation cases are emotional and require detailed planning to ensure
that the child’s best interests are protected. With so much at stake,
you owe it to yourself and your child to put your case in the hands of
a skilled parental relocation attorney in Carmel. In your time of need,
you can count on Hains Law, LLC to serve as your voice and stand up for
Contact us at
(317) 588-2883 today to request a free phone consultation.