Relocation of a Custodial Parent in Indiana: What Can a Noncustodial Parent Do?

In Indiana, family dynamics can significantly shift post-divorce, especially when a custodial parent wishes to relocate. Whether the move is driven by personal or professional reasons, it can stir concerns regarding the noncustodial parent’s rights and the overall welfare of the children involved. At Mattox & Wilson, we are experienced custodial relocation lawyers dedicated to helping clients seeking to relocate to another state with their children or seeking to prevent a former spouse from taking the children to another state.

airplane with a message about custodial parent relocation

We bring to the table over two decades of legal practice, focusing on family law matters and mediation, among other legal sectors. Our priority is ensuring the best interests of your child are upheld, and your rights are not infringed. If you need help with a custodial relocation or opposing a relocation, call Mattox & Wilson at 812-944-8005 to schedule a consultation today.

Did you receive a Relocation Notice from your ex? You must file an objection with the court within 20 days of receiving this notice or your ex may be allowed to relocate with your children. Don’t wait – Call Us Now!

Helping Spouses in Out-of-State Relocation.

Relocation of a custodial parent post-divorce can be triggered by various life circumstances such as the following:

  • Employment Opportunities. A better job, a promotion, or a job transfer to a different city or state often necessitates relocation. The prospect of improved financial stability for the custodial parent and, by extension the child, can be a compelling reason for the move.
  • Remarriage. Remarriage can significantly impact the living arrangements of the custodial parent, especially if the new spouse resides in a different state.
  • Cost of Living. A lower cost of living in a different state could be a motivating factor, especially if it translates to better living conditions and a more comfortable lifestyle for the child.
  • Educational Opportunities. Sometimes, the relocation may be driven by better educational opportunities for the child or the custodial parent.
  • Closer Proximity to Family. Having a support system, especially family, is crucial post-divorce. A custodial parent might opt to relocate to be closer to extended family in another state who can provide support in raising the child.
  • Health Reasons. There might be better healthcare facilities or a more conducive environment for managing a particular health condition for either the custodial parent or the child in a different state.
  • Protection from Abuse. In some unfortunate situations, a custodial parent might need to relocate to safeguard themselves and the child from an abusive ex-spouse.
  • Housing. Securing better or more affordable housing can also be a trigger for relocation.

What Legal Steps Are Required for Custodial Parent Relocation in Indiana?

In Indiana, the law typically mandates a custodial parent to file a Relocation Notice (also referred to as a Notice of Intent to Move Residence) with the court before the planned move, as per Indiana Code § 31-17-2.2-1. This notice should also be served to the noncustodial parent no later than thirty days before the date of the intended relocation, or not more than fourteen days after the relocating individual becomes aware of the relocation, whichever is sooner,[1] providing the non-relocating parent with an opportunity to object to the relocation if it adversely affects their parenting time.  If grandparent visitation rights were previously granted by the court, then the grandparents must also be notified.

How Can a Lawyer for Child Custody Relocation Help?

As experienced child custody relocation lawyers, we can help you with all aspects regarding out-of-state relocation, including filing the required notes, representing you in court, and negotiating changes in parenting time plans. Call us to schedule a consultation today and let us help you navigate the legal intricacies surrounding custodial relocation in Indiana.

What Can I Do as a Noncustodial Parent if I Object to the Relocation?

As a noncustodial parent, you have a right to file a motion objecting to the relocation after the Relocation Notice is filed by the other parent of your children.

It is critical to understand that if you wish to contest the relocation, you MUST file your objection to the Notice of Relocation NO MORE THAN 20 DAYS after the Notice of Relocation is filed by the other parent.

If you choose to object, the court will set a hearing where a judge will consider the relocation issues based on Indiana Code § 31-17-2.2-5. Engaging a custodial relocation attorney can significantly bolster your case, seeking to ensure your concerns are fully addressed. We can help you in making your case objecting to the relocation.

What Happens If I Fail to Timely Object to a Relocation Notice?

If you do not timely file a response and object to the move contemplated in the Relocation Notice, the other parent will be allowed to move.[2]

Given the magnitude of what’s at stake, it’s crucial not to forfeit your chance to contest a relocation simply because you missed the deadline. Don’t navigate these waters alone. We can help you through this pivotal process with pragmatic guidance and care.

Do I Have to File a Response to A Relocation Notice in Indiana?

A nonrelocating parent does not need to file a response if the parents have executed and filed with the court a written agreement resolving all issues related to child custody, parenting time, grandparent visitation, and child support relating to the relocation.[2]

How Can Mattox & Wilson Assist Me?

At Mattox & Wilson, we’re not just attorneys; we are our clients’ steadfast allies in ensuring their voices are heard and rights are protected. With a long history of success in representing noncustodial parents, we are experienced in crafting compelling cases that uphold the best interests of our clients and their children.

Navigating through a custodial relocation case can be a challenging journey, but we are here to ensure you’re not walking this path alone. Our approach is rooted in understanding your unique situation and then crafting a tailored strategy aimed at achieving your desired outcomes.

Your Next Step – Schedule A Consultation with an Experienced Indiana Custodial Relocation Attorney Today!

Are you facing a custodial relocation case in Indiana? Your child’s welfare and your parental rights are too valuable to be left to chance. Contact Mattox & Wilson today to speak with experienced custodial relocation lawyers ready to fight for you. Call us at 812-944-8005 or fill out our online contact form to schedule a consultation.

[1] Indiana Code § 31-17-2.2-3

[2] IN Code § 31-17-2.2-5(b).

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