Can I Move Without Telling the Other Parent?
Moving without notifying the other parent in Indiana may lead to problems in court. If you have a custody order, you must notify the other parent by filing a notice of intent to relocate prior to your move. If you do not or the notice is not timely, the judge may change custody and charge you with the other party’s attorney fees.
Parents with a custody order in Indiana often think that they can relocate without notice to the court or the other parent. According to Indiana Code §31-17-2.2-1, prior to your move you must file a formal notice of intent to relocate with the clerk of the original dissolution or paternity case if a) the relocation will result in an increase of more than 20 miles between the parents’ residences or b) it will prevent the child(ren) from remaining enrolled in their current school.
This gives the other parent the opportunity to object to the relocation. If an objection is filed timely, the case will, most likely, be set for a hearing and the judge will determine whether it’s in the children’s best interest for the relocation to take place.
If this process is not followed and/or the judge determines that the relocation is not in the children’s best interest, the relocating parent may be charged with the other parent’s attorney fees and, even worse, may lose parenting time or even primary custody, in addition to potential modified child support, depending on the specific circumstances.
That’s why it is crucial to comply with the statute and not make plans to move without court approval, even if it may ultimately lead to a better-paying job, a more stable family environment, and/or better educational opportunities for the children. Sometimes, a better environment for you may equate to deprivation of parenting time for the other parent.
An experienced family law attorney may be able to assess your case and determine the likelihood of a successful notice of intent to relocate and how to use specific outcome-determinative factors to bolster your chance in prevailing.
This article is for educational purposes only. It does not create an attorney-client relationship and does not constitute legal advice.