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 Indiana Moving/Relocation Guidelines 
                                                       Indiana State Divorce Laws

Indiana - State Divorce Laws
CoParenting.com - Child Custody Parenting Plans



Direct quotes from the Indiana Senate Bill 0040

Relocation issues in family law matters. Requires an individual who has or is seeking custody of or parenting time with a child and who intends to relocate to: (1) provide notification by registered or certified mail not later than 90 days before the individual intends to move to an individual who has or is seeking custody of, parenting time with, or grandparent visitation with the child; and (2) provide specific information in the notice unless providing the information would create a significant risk of substantial harm to the individual or the child. Provides that a court may consider the intent to relocate a child in an initial custody hearing. Provides that: (1) not later than 60 days after a nonrelocating parent receives the notice, the nonrelocating parent may file a motion with the court to prevent the relocation of a child; (2) if the nonrelocating parent fails to file a motion with the court, the individual may relocate; (3) upon request of either party, the court shall hold a full evidentiary hearing; and (4) the relocating individual has the burden of proof that the relocation is made in good faith and for a legitimate purpose. Establishes: (1) additional factors the court may consider in determining whether to modify the custody, parenting time, grandparent visitation, or child support orders in actions concerning relocation; and (2) factors the court may consider in granting or denying a petition to prevent relocation of a child. Requires a grandparent seeking visitation rights to file a petition in a circuit, superior, or probate court. (Current law requires a grandparent to file in a circuit or superior court.) Repeals provisions concerning notice of the relocation of a child in child custody matters. (The introduced version of this bill was prepared by the child custody and support advisory committee.)

See this page for more information: http://www.in.gov/legislative/bills/2006/SE/SE0040.1.html


SECTION 9. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2006]: IC 31-17-2-4; IC 31-17-2-23.

IC 31-17-2-4

 Notice of intent to move residence
     
Sec. 4. If the party seeking custody intends to move the party's residence:
         (1) at the time of or after the granting of a final order under IC 31-15-2-16, IC 31-15-3-9, or IC 31-16-2-8 (or IC 31-1-11.5-9 before its repeal); and
         (2) to a place:
             (A) outside Indiana; or
             (B) at least one hundred (100) miles from the residence specified in the party's pleadings;
 the party must file a notice of that intent with the clerk of the court and send a copy of the notice to the other party.
 As added by P.L.1-1997, SEC.9.

IC 31-17-2-23
Notice of intent to move residence; hearing to review and modify custody, parenting time, and support orders
    
Sec. 23. (a) If an individual who has been awarded custody of a child under this chapter intends to move to a residence:
        (1) other than a residence specified in the custody order; and
        (2) that is outside Indiana or at least one hundred (100) miles from the individual's county of residence;
the individual must file a notice of the intent to move with the clerk of the court that issued the custody order and send a copy of the notice to a parent who was not awarded custody and who has been granted parenting time rights under IC 31-17-4 (or IC 31-1-11.5-24 before its repeal).
    (b) Upon request of either party, the court shall set the matter for a hearing for the purposes of reviewing and modifying, if appropriate, the custody, parenting time, and support orders. The court shall take into account the following in determining whether to modify the custody, parenting time, and support orders:
        (1) The distance involved in the proposed change of residence.
        (2) The hardship and expense involved for noncustodial parents to exercise parenting time rights.
    (c) Except in cases of extreme hardship, the court may not award attorney's fees.
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.10; P.L.68-2005, SEC.36.



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