Relocation Attorney in Indianapolis

Under Indiana law, “relocation” is not just any move. It is legally defined as a change in a child’s primary residence for at least 60 days. The term applies if the move is:

• Outside Indiana and at least 100 miles from your current residence.
• Inside Indiana, but more than 100 miles from your current home.
• Inside Indiana, but takes the child to a new county and significantly impacts the non-relocating parent’s court-ordered parenting time.

If you have custody and wish to relocate, you must follow a strict legal process. The Indiana Relocation Statute requires you to file a “Notice of Intent to Move” with the court and send it to the other parent via registered or certified mail. This notice must be filed at least 90 days before your intended move.

Your filed notice must include specific information:

• The intended new address and phone number.
• The date of the proposed move.
• A brief statement of your reasons for relocating.
• A proposal for a revised parenting time schedule.
• A statement that the other parent must object to the move within 60 days of receiving the notice.

Failing to provide proper notice can have serious consequences and may jeopardize your ability to move with your child.

If you receive a Notice of Intent to Move and you do not agree with it, you must act promptly. You have 60 days from the date you receive the notice to file a formal objection with the court. If you fail to file an objection within this timeframe, the court may automatically approve the relocation. Filing a timely objection is crucial to ensure you have the opportunity to present your case and protect your relationship with your child.

When a parent objects to a move, the court will schedule a hearing. The judge’s decision will be based on the “best interests of the child.” The parent seeking to move has the initial burden to prove the relocation is proposed in good faith and for a legitimate reason. If that is established, the burden shifts to the objecting parent to show that the move is not in the child’s best interests.

The court will consider several factors, including:

• The distance of the proposed move.
• The child’s age and the potential impact on their stability.
• The hardship the move would cause to the non-relocating parent’s ability to exercise parenting time.
• The reasons each parent has for seeking or opposing the relocation.
• The child’s relationship with both parents and other significant individuals.
• Whether there is a pattern of behavior from one parent intended to frustrate the other’s contact with the child.

Navigating a relocation case requires a deep understanding of Indiana family law and court procedures. The attorneys at Villarrubia & Rosenberger provide the guidance you need at your side.

• For the relocating parent, we ensure your Notice of Intent is correctly filed and effectively presents your reasons for the move.
• For the objecting parent, we act quickly to file a proper objection and build a strong case demonstrating why the move is not in your child’s best interests.

We are dedicated to crafting solutions that prioritize your child’s well-being and protect your parental rights.

If you are facing a child relocation issue in Indiana, you do not have to handle it alone. Contact Villarrubia & Rosenberger, P.C. to schedule a consultation. Let us help you through this challenging time.