If you have heard that your ex-wife is thinking about moving to Louisville or somewhere else outside of Indiana with your kids, it is understandable to feel alarmed. Indiana law generally does not allow a parent to simply pack up and leave with the children without following a specific legal process. Understanding your rights in that process is the first step toward protecting your relationship with your children.
Indiana law requires notice before relocating with children
Under Indiana family law, a parent planning to relocate with a child must file a formal Notice of Intent to Relocate with the court that issued your custody or parenting time order and serve you with a copy at least 30 days before the move.
This requirement applies unless the move decreases the distance between your homes, increases it by less than 20 miles while keeping the children in their current school or is already addressed in a court order. If she relocates without following this process, she could be found in contempt of court.
What happens if you object
Once you receive the notice, you have 20 days to file a response with the court. If you object, the court will schedule a hearing where the relocating parent must prove they are moving in good faith and for a legitimate reason. You then have the opportunity to show that the move is not in your children’s best interests. If you do not respond within 20 days, the court may allow the relocation to proceed.
What the court considers
Indiana courts do not automatically approve or deny a relocation request. The judge weighs several factors, including:
- The distance of the proposed move
- The hardship and expense of maintaining parenting time from a greater distance
- The potential impact on your children’s quality of life
- Your children’s relationships with both parents
- Any history of one parent limiting the other’s contact with the children
The court’s focus is always on what is best for your children, not on punishing either parent.
What you may consider doing right now
If you have not received a formal notice yet but believe the other parent is planning a move, you can take steps now to protect your parenting rights before the other parent files anything. If you have already been served with a notice, your 20-day window to respond is already running.
Speaking with a family law attorney as soon as possible gives you the best chance of keeping your children close and maintaining the relationship you have worked to build with them.