Custody

The non-relocating parent has 20 days after being served with your notice of intent to move to file a response that contains one or more of the following:

• a statement that s/he consents or objects to the relocation;
• a request for a hearing;
• a request to change the custody, parenting time order, grandparent visitation, or child support order; and/or
• a request for a temporary or permanent order to prevent the relocation.¹

If the non-relocating parent doesn’t file any response within 20 days, you can relocate.²

If the other parent requests a hearing, the judge will consider the following factors and decide whether to allow or deny the relocation:

1. the distance involved in the proposed move;
2. the hardship and expense involved for the non-relocating party to use his/her parenting time or grandparent visitation;
3. how easy it will be to keep the relationship between the non-relocating party and the child, taking into consideration the financial circumstances of the parties;
4. whether there is an established pattern of behavior by the relocating party to encourage or discourage the non-relocating party’s contact with the child;
5. the reasons why the party wants the relocation;
6. the reasons why the non-relocating party objects to the relocation; and
7. any other factor that affects the best interest of the child.³

¹ Ind. Code § ^​31-17-2.2-5(a)
² Ind. Code § ^​31-17-2.2-5(g)
³ Ind. Code § 31-17-2.2-1(c)