Indianapolis Relocation Attorney

Moving to a new home is always a major life event. When you share child custody, relocating adds complex legal and emotional hurdles. Whether you plan to move for a new job or you just received notice that your co-parent intends to move away with your child, you likely feel a mix of stress and anxiety.

Understanding your legal rights and obligations is the first step toward finding a resolution. In Indiana, strict statutes govern how and when a parent can relocate. We are here to provide the clarity and compassionate legal support you need to navigate this transition and prioritize your child’s well-being.

The Legal Requirement: Notice of Intent to Relocate

In Indiana, a parent with a custody or parenting time order cannot simply pack up and move. The law requires the moving parent to officially inform the court and the other parent.

If you plan to move, you must file a formal “Notice of Intent to Relocate” with the court and serve it to the non-relocating parent at least 30 days before your moving date. This legal document must include specific details, such as your new address, your exact reasons for moving, and a proposal for a revised parenting time schedule.

If you are the non-relocating parent, receiving this notice triggers your legal right to respond. You have a strict window, typically 20 days after receiving the notice, to file a formal objection with the court to stop the relocation.

The Court’s Criteria for Approval

When a non-relocating parent files an objection, the court must decide if the move can proceed. Indiana judges use a specific, two-part test to make this critical decision.

First, the relocating parent must prove that the move is for a “good faith and legitimate reason.” Courts generally accept reasons like securing a better-paying job, moving to care for a sick relative, or relocating due to marriage.

If the moving parent meets this burden, the focus shifts to the non-relocating parent. They must demonstrate that the move is not in the “best interests of the child.” To determine the child’s best interests, the judge will evaluate several factors, including:

• The distance involved in the move
• The child’s relationship with both parents and other significant family members
• The potential impact on the child’s education and social life
• The feasibility of preserving a meaningful relationship with the non-relocating parent through a new visitation schedule

How an Attorney Can Help

Relocation disputes are often highly emotional and legally demanding. Having legal guidance at your side ensures you handle the process correctly and confidently.

If you wish to relocate, our attorneys will help you draft a compliant notice and build a compelling case to prove your legitimate reasons for moving. If your co-parent intends to move, we act quickly to file formal objections and request a court hearing to protect your parental access. In many cases, we help parents avoid a confrontational court battle altogether. By acting as a mediator, we can help you negotiate a modified, creative parenting time schedule that meets your child’s needs and respects both parents’ rights.

Schedule Your Consultation

You do not have to figure out these legal complexities alone. Protect your child’s happiness and secure your role in their future. Contact Curlin & Clay Law today to schedule a consultation. Our team will review your specific case, answer your questions, and provide the dedicated support you need to move forward.