August 14, 2026

Relocation after a divorce is complicated when children are involved. Whether you’re the parent who wants to move, or the one who doesn’t want your children far away, understanding Indiana’s relocation laws is important in any custody arrangement.

What Does Indiana Law Say About Parental Relocation?

Indiana lays out the rules about when and how a parent can relocate with a child when a custody agreement is in place. Indiana Code 31-17-2.2-3 states that the parent who wants to move, even if it’s within Indiana, if the move will increase the distance between the parents by 20 miles or more or if the move would cause a change in the child(ren)’s school.

The notice must be sent no later than 30 days before the day they intend to move, or no more than 14 days after they become aware of the relocation, whichever is sooner. It must also include:

• The intended new residence, including the address and mailing address, if they’re different
• All telephone numbers for the relocating individual
• The date that they intend to move
• A brief statement of the specific reasons for the proposed relocation of the child(ren)
• Whether the relocating parents thinks a revision of parenting time or grandparent visitation is necessary
• A statement that a nonrelocating parent must file a response regarding the relocation of the child with the court no later than 20 days the notice is sent
• The following statements:
  • A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child
  • A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order
  • A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court

What Happens if the Other Parent Objects?

If the non-relocating parent objects to the move, the court will hold a hearing to determine whether the move should be permitted. Indiana law places the initial burden on the relocating parent to show that the move is made in good faith and for a legitimate reason, such as a job opportunity, to be closer to family, or other reasonable circumstances.

If that burden is met, the burden shifts to the objecting parent to show that the move is not in the child’s best interests. 

What Does the Court Consider?

In custody matters, the court will always prioritize the best interests of the child(ren) involved. Indiana courts look at a range of factors, including:

• The reason for the relocation and whether it’s being made in good faith
• The impact the move will have on the child’s relationship with the non-relocating parent
• Whether there is a pattern of conduct by the relocating parent to either promote or interfere with the non-relocating parent’s relationship with the child
• The child’s ability to adjust to their new home, school, or community
• The child’s age and any special needs or other medical requirements
• The feasibility of preserving the relationship between the child and the non-relocating parent through revised parenting time

Can a Custodial Parent Move Without Permission?

Legally, no. Even parents who have sole custody of their child(ren) must provide notice to the courts and the other parent prior to moving. This applies whether you have sole or joint custody, and whether it’s physical or legal custody.

If you move without providing notice, or after the court denies your relocation request, you could face serious legal consequences, including a modification of your current custody arrangement.

If your co-parent has moved or is planning to move without providing proper notice, you can file an emergency motion with the court. Judges take violations of the relocation statute seriously, including possible modification of custody in favor of the non-relocating parent.

Can You Prevent the Other Parent From Moving?

It depends on the circumstances. If the parent who wants to move follows the proper legal procedures and can demonstrate the move is in good faith, and in the best interest of the child, the court may allow it. 

Once served with a relocation notice, you have 20 days to respond. Indiana Code 31-17-2.2-5 gives you three options:

• Agree to the move and request no changes to your custody agreement
• Agree to the move but ask the court to modify your custody agreement
• Object to the move and ask the court for a temporary or permanent order to prevent the relocation of the child and modification of your custody agreement

The burden of proof falls on the parent who wants to move to show that the move is in good faith and for a legitimate reason. Should they do so, the burden shifts to the non-relocating parent to show the move is not in the child(ren)’s best interest.

If the non-relocating parent fails to file a response within 20 days, the other parent may relocate to a new residence.

A non-relocating parent may also file a motion to temporarily restrain the relocation of the child.

What if You Have Joint Custody?

Relocation tends to be more contested in joint arrangements than in sole custody, because both parents have time with their children, and a move can unfairly burden the non-relocating parent. But while joint custody means neither parent can move freely, it doesn’t mean parents can’t move at all. 

If you have a joint custody arrangement, moving is still possible, just know that it will be a more involved process. The court will scrutinize your move more closely, as well as your history working with the other parent, and may require a revision to your parenting plan before approving the move. The changes may or may not be in your favor depending on where you’re moving, and whether it will impact your children’s daily life.

How Far Can a Parent Move Without Filing a Notice?

Indiana law does allow for two instances where a moving parent isn’t required to gain permission to move:

• If your move will result in a decrease in the distance between households, or in an increase of not more than 20 miles in the distance between households
• If you move will allow the child(ren) to remain enrolled in their current school

Parents must still keep each other updated on their contact information, including residential address.

Do You Need a Family Law Attorney for a Parental Relocation Case?

No, but it’s recommended. Relocation cases are among the more complex matters in family law due to the shifting burden of proof, timelines for notices and objections, and the factors the court considers before approving or denying a request.

Whether you’re trying to move, or you’re trying to prevent a move, having a family law attorney on your side can make a significant difference. Cases can move quickly, and the ramifications can impact your relationship with your children for years. 

At BB&C, our family law attorneys help parents in Lafayette and Crawfordsville navigate relocation disputes with clear guidance and experienced representation. Contact us to schedule a consultation and discuss your situation.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.