Divorce changes everything. Where do you live? How often do you see your children? How do you rebuild your life? For many parents, relocation feels necessary. A new job. Family support. Lower living costs. A fresh start.
But relocation after divorce in Indiana is not simple. Moving with a child can trigger a legal dispute fast. One wrong step can cost you time with your child or even custody rights.
At Eskew Law, we help parents protect their future and their relationship with their children. As an Indianapolis family law attorney team, we see how relocation cases unfold in real courts across Indiana. This guide explains what Indiana law requires and how to handle relocation the right way.
What Counts As Relocation Under Indiana Law
Indiana law defines relocation very specifically. A move qualifies as relocation when a parent intends to move their primary residence:
- Outside Indiana
- More than twenty miles from the current home
This applies only when the move affects parenting time or custody. If you share a child and you plan to move, the law applies to you.
It does not matter if the move feels small to you. A twenty-one-mile move triggers the statute. Courts enforce this strictly.
Who Must Follow The Indiana Relocation Statute
The relocation law applies to parents who have custody or parenting time under a court order. This includes:
- Sole custody arrangements
- Joint custody arrangements
- Parenting time schedules
If you are divorced, legally separated, or never married but have a court order, the relocation statute applies. Informal agreements do not override the law.
As a divorce lawyer in Indianapolis, IN, we often see parents assume consent from the other parent is enough. It is not. The statute still controls the process.
The Notice Requirement You Cannot Ignore
Indiana law requires written notice of relocation. This notice must be sent to the other parent and filed with the court.
The notice must include:
- The new address if known
- The intended move date
- The reason for the move
- A proposed revised parenting time schedule
Notice must be given at least ninety days before the move. If ninety days is not possible, notice must be given within ten days of learning of the relocation.
Failing to give proper notice can severely damage your case. Judges view this as a lack of good faith.
What Happens After Notice Is Filed
Once notice is filed, the other parent has the right to object. They have sixty days to file a formal objection with the court.
If no objection is filed, the relocation is typically allowed. If an objection is filed, the court will schedule a hearing.
This hearing determines whether the relocation is permitted. The burden of proof matters here and shifts throughout the case.
Who Has The Burden Of Proof In Relocation Cases
Indiana’s relocation law uses a two-step burden analysis.
First, the relocating parent must show that the move is made in good faith and for a legitimate reason. Common legitimate reasons include:
- Employment opportunities
- Family support
- Education
- Remarriage
If the relocating parent meets this burden, the burden shifts. The non-relocating parent must then prove the move is not in the child’s best interests.
This structure matters. Evidence and preparation matter even more.
How Courts Decide The Child’s Best Interests
Indiana courts focus on the child. Not convenience. Not fairness to parents. The child.
Judges evaluate several statutory factors, including:
- The distance of the move
- The impact on parenting time
- The feasibility of preserving the relationship with the non-relocating parent
- The child’s age and specific needs
Courts also consider the reasons for relocation and any pattern of conduct by either parent. Bad faith matters. Cooperation matters.
An experienced Indiana family law attorney knows how judges in Marion County and surrounding courts weigh these factors.
Relocation And Parenting Time Changes
Relocation almost always affects parenting time. Courts may modify schedules significantly.
Long-distance parenting often shifts to fewer but longer visits. Summer breaks, holidays, and school breaks become critical.
Transportation costs are also addressed. Courts may allocate travel expenses between parents.
A well-structured parenting plan helps judges approve relocation when appropriate.
Can Relocation Affect Custody
Yes. Relocation can affect custody.
If the move substantially harms the child’s relationship with the other parent, custody may be changed. Courts do not hesitate to modify custody when necessary.
This is why relocation cases require a careful strategy. A poorly handled relocation request can backfire.
As an Indianapolis family law attorney firm, we approach relocation cases with long-term custody implications in mind.
Emergency Relocation Situations
Some situations do not allow ninety days’ notice, such as:
- Job transfers
- Military orders
- Safety concerns
Indiana law allows shorter notice when necessary. However, the parent must still comply as soon as possible.
Emergency relocation does not eliminate court oversight. Judges still evaluate good faith and best interests.
Documentation becomes critical in these cases.
What Parents Often Get Wrong About Relocation
Many parents assume they can move first and fix it later. This is one of the most damaging mistakes.
Others believe verbal permission is enough. It is not.
Some parents underestimate how seriously courts take missed parenting time. Judges protect parent-child relationships aggressively.
Working with a divorce lawyer in Indianapolis, IN, early can prevent irreversible damage.
How Eskew Law Helps With Relocation Cases
Relocation cases require more than paperwork. They require planning, evidence, and a clear presentation.
We help clients evaluate whether relocation is realistic before filing. We prepare strong notices and anticipate objections. We build evidence focused on the child, not emotion.
We also help non-relocating parents protect their rights when a move threatens their relationship with their child.
As a trusted Indiana family law attorney team, we understand how Indiana judges think and how to position cases for success.
When To Talk To A Lawyer About Relocation
You should speak with a lawyer before:
- Giving notice
- Accepting a job offer
- Signing a lease
Timing matters. Strategy matters. Early legal advice gives you options. Late advice limits them.
If you are considering relocation after divorce, do not guess. Get clarity before you act.
Understanding Relocation After Divorce In Indiana
Relocation after divorce is one of the most contested family law issues in Indiana. The law is strict. The stakes are high. The consequences are lasting.
Handled correctly, relocation can support a child’s stability and growth. Handled poorly, it can fracture families and custody arrangements.
At Eskew Law, we help parents move forward without losing what matters most. If relocation is on your horizon, now is the time to get informed and protected.
