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 THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2006]: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.