CHAPTER 2.2. RELOCATION
IC 31-17-2.2
Chapter 2.2. Relocation
IC 31-17-2.2-1
Notice of intent to move residence; modifying orders; attorney'sfees
Sec. 1. (a) A relocating individual must file a notice of the intentto move with the clerk of the court that:
(1) issued the custody order or parenting time order; or
(2) if subdivision (1) does not apply, has jurisdiction over thelegal proceedings concerning the custody of or parenting timewith a child;
and send a copy of the notice to any nonrelocating individual.
(b) Upon motion of a party, the court shall set the matter for ahearing to review and modify, if appropriate, a custody order,parenting time order, grandparent visitation order, or child supportorder. The court shall take into account the following in determiningwhether to modify a custody order, parenting time order, grandparentvisitation order, or child support order:
(1) The distance involved in the proposed change of residence.
(2) The hardship and expense involved for the nonrelocatingindividual to exercise parenting time or grandparent visitation.
(3) The feasibility of preserving the relationship between thenonrelocating individual and the child through suitableparenting time and grandparent visitation arrangements,including consideration of the financial circumstances of theparties.
(4) Whether there is an established pattern of conduct by therelocating individual, including actions by the relocatingindividual to either promote or thwart a nonrelocatingindividual's contact with the child.
(5) The reasons provided by the:
(A) relocating individual for seeking relocation; and
(B) nonrelocating parent for opposing the relocation of thechild.
(6) Other factors affecting the best interest of the child.
(c) The court may award reasonable attorney's fees for a motionfiled under this section in accordance with IC 31-15-10.
As added by P.L.50-2006, SEC.7.
IC 31-17-2.2-2
Initial custody determination
Sec. 2. (a) If a party provides notice of relocation at an initialhearing to determine custody, the court may consider the factors setforth in this chapter in the court's initial custody determination.
(b) The court may consider a proposed relocation of a child as afactor in determining whether to modify a custody order, parentingtime order, grandparent visitation order, or child support order.
As added by P.L.50-2006, SEC.7.
IC 31-17-2.2-3
Notice; information requirements
Sec. 3. (a) Except as provided in section 4 of this chapter, anindividual required to file a notice under IC 31-14-13-10 or section1 of this chapter must:
(1) send the notice to each nonrelocating individual:
(A) by registered or certified mail; and
(B) not later than ninety (90) days before the date that therelocating individual intends to move; and
(2) provide the following information in the notice:
(A) The intended new residence, including the:
(i) address; and
(ii) mailing address of the relocating individual, if themailing address is different than the address under item (i).
(B) The home telephone number of the new residence.
(C) Any other applicable telephone number for therelocating individual.
(D) The date that the relocating individual intends to move.
(E) A brief statement of the specific reasons for the proposedrelocation of the child.
(F) A proposal for a revised schedule of parenting time orgrandparent visitation with the child.
(G) A statement that a parent must file an objection to therelocation of the child with the court not later than sixty (60)days after receipt of the notice.
(H) A statement that a nonrelocating individual may file apetition to modify a custody order, parenting time order,grandparent visitation order, or child support order.
(b) Except as provided in section 4 of this chapter, if therelocating individual is unable to provide the information requiredunder subsection (a)(2) not later than ninety (90) days before therelocating individual intends to move, the relocating individual shallprovide the information in the manner required under subsection (a)not later than ten (10) days after the date that the relocatingindividual obtains the information required to be provided undersubsection (a)(2). However, the relocating individual must provideall the information required under subsection (a)(2) not later thanthirty (30) days before the relocating individual intends to move tothe new residence.
As added by P.L.50-2006, SEC.7. Amended by P.L.1-2007, SEC.194.
IC 31-17-2.2-4
Risk or harm in disclosing information
Sec. 4. If a court finds that disclosure of the information requiredunder section 3 of this chapter creates a significant risk of substantialharm to the relocating individual or the child, the court may order:
(1) that the address, the telephone number, or other identifyinginformation of the relocating individual or child not bedisclosed in the pleadings, other documents filed in theproceeding, or the final order; (2) that the information required under section 3 of this chapterbe maintained by the clerk of the court in a secure locationseparate from the pending case file;
(3) that the notice requirements under IC 31-14-13-10 or thischapter be waived to the extent necessary to protect therelocating individual or child from significant risk of substantialharm; or
(4) other remedial action that the court considers necessary tofacilitate the legitimate needs of the parties and the best interestof the child.
As added by P.L.50-2006, SEC.7.
IC 31-17-2.2-5
Motion to prevent relocation; burden of proof
Sec. 5. (a) Not later than sixty (60) days after receipt of the noticefrom the relocating individual under IC 31-14-13-10 or this chapter,a nonrelocating parent may file a motion seeking a temporary orpermanent order to prevent the relocation of a child.
(b) On the request of either party, the court shall hold a fullevidentiary hearing to grant or deny a relocation motion undersubsection (a).
(c) The relocating individual has the burden of proof that theproposed relocation is made in good faith and for a legitimate reason.
(d) If the relocating individual meets the burden of proof undersubsection (c), the burden shifts to the nonrelocating parent to showthat the proposed relocation is not in the best interest of the child.
(e) If the nonrelocating parent fails to file a motion undersubsection (a), the relocating individual who has custody of the childmay relocate to the new residence.
As added by P.L.50-2006, SEC.7.
IC 31-17-2.2-6
Temporary order to restrain or permit relocation
Sec. 6. (a) If a nonrelocating parent files a motion under section5 of this chapter, the court, after notice and an opportunity to beheard or after compliance with Trial Rule 65(B), may grant atemporary order restraining the relocation of a child or order thechild to be returned to the nonrelocating parent if the court finds:
(1) that the notice required under IC 31-14-13-10 or this chapterwas not served in a timely manner and the parties have notpresented an agreement concerning a parenting time schedule;
(2) that the child has been relocated without:
(A) the appropriate notice;
(B) an agreement between the parties; or
(C) a court order; or
(3) from an examination of the evidence presented at thetemporary hearing, that there is a likelihood that, after a finalhearing, the court will not approve the relocation of the child.
(b) The court may grant a temporary order permitting therelocation of the child pending a final hearing if the court: (1) determines that the notice required under IC 31-14-13-10 orthis chapter was provided in a timely manner;
(2) issues an order for a revised schedule for temporaryparenting time with the child; and
(3) reviews the evidence presented at the temporary hearing anddetermines that there is a likelihood that, after the final hearing,the court will approve the relocation of the child.
(c) If the court issues a temporary order authorizing the relocatingindividual to move, in its final judgment, the court must considerfactors:
(1) other than; or
(2) in addition to;
the temporary relocation of the child when issuing a final order.
As added by P.L.50-2006, SEC.7.