IC 31-17-2.2-1 Notice of intent to move residence; modifying orders; attorney's
fees
Sec. 1. (a) A relocating individual must file a notice of the intent
to 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 the
legal proceedings concerning the custody of or parenting time
with 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 a
hearing to review and modify, if appropriate, a custody order,
parenting time order, grandparent visitation order, or child support
order. The court shall take into account the following in determining
whether to modify a custody order, parenting time order, grandparent
visitation order, or child support order:
(1) The distance involved in the proposed change of residence.
(2) The hardship and expense involved for the nonrelocating
individual to exercise parenting time or grandparent visitation.
(3) The feasibility of preserving the relationship between the
nonrelocating individual and the child through suitable
parenting time and grandparent visitation arrangements,
including consideration of the financial circumstances of the
parties.
(4) Whether there is an established pattern of conduct by the
relocating individual, including actions by the relocating
individual to either promote or thwart a nonrelocating
individual'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 the
child.
(6) Other factors affecting the best interest of the child.
(c) The court may award reasonable attorney's fees for a motion
filed 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 initial
hearing to determine custody, the court may consider the factors set
forth in this chapter in the court's initial custody determination.
(b) The court may consider a proposed relocation of a child as a
factor in determining whether to modify a custody order, parenting
time 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, an
individual required to file a notice under IC 31-14-13-10 or section
1 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 the
relocating 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 the
mailing 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 the
relocating individual.
(D) The date that the relocating individual intends to move.
(E) A brief statement of the specific reasons for the proposed
relocation of the child.
(F) A proposal for a revised schedule of parenting time or
grandparent visitation with the child.
(G) A statement that a parent must file an objection to the
relocation 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 a
petition 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 the
relocating individual is unable to provide the information required
under subsection (a)(2) not later than ninety (90) days before the
relocating individual intends to move, the relocating individual shall
provide the information in the manner required under subsection (a)
not later than ten (10) days after the date that the relocating
individual obtains the information required to be provided under
subsection (a)(2). However, the relocating individual must provide
all the information required under subsection (a)(2) not later than
thirty (30) days before the relocating individual intends to move to
the 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 required
under section 3 of this chapter creates a significant risk of substantial
harm to the relocating individual or the child, the court may order:
(1) that the address, the telephone number, or other identifying
information of the relocating individual or child not be
disclosed in the pleadings, other documents filed in the
proceeding, or the final order;
(2) that the information required under section 3 of this chapter
be maintained by the clerk of the court in a secure location
separate from the pending case file;
(3) that the notice requirements under IC 31-14-13-10 or this
chapter be waived to the extent necessary to protect the
relocating individual or child from significant risk of substantial
harm; or
(4) other remedial action that the court considers necessary to
facilitate the legitimate needs of the parties and the best interest
of 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 notice
from the relocating individual under IC 31-14-13-10 or this chapter,
a nonrelocating parent may file a motion seeking a temporary or
permanent order to prevent the relocation of a child.
(b) On the request of either party, the court shall hold a full
evidentiary hearing to grant or deny a relocation motion under
subsection (a).
(c) The relocating individual has the burden of proof that the
proposed relocation is made in good faith and for a legitimate reason.
(d) If the relocating individual meets the burden of proof under
subsection (c), the burden shifts to the nonrelocating parent to show
that the proposed relocation is not in the best interest of the child.
(e) If the nonrelocating parent fails to file a motion under
subsection (a), the relocating individual who has custody of the child
may 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 section
5 of this chapter, the court, after notice and an opportunity to be
heard or after compliance with Trial Rule 65(B), may grant a
temporary order restraining the relocation of a child or order the
child to be returned to the nonrelocating parent if the court finds:
(1) that the notice required under IC 31-14-13-10 or this chapter
was not served in a timely manner and the parties have not
presented 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 the
temporary hearing, that there is a likelihood that, after a final
hearing, the court will not approve the relocation of the child.
(b) The court may grant a temporary order permitting the
relocation of the child pending a final hearing if the court:
(1) determines that the notice required under IC 31-14-13-10 or
this chapter was provided in a timely manner;
(2) issues an order for a revised schedule for temporary
parenting time with the child; and
(3) reviews the evidence presented at the temporary hearing and
determines 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 relocating
individual to move, in its final judgment, the court must consider
factors:
(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.
IC 31-17-2.2-1 Notice of intent to move residence; modifying orders; attorney's
fees
Sec. 1. (a) A relocating individual must file a notice of the intent
to 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 the
legal proceedings concerning the custody of or parenting time
with 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 a
hearing to review and modify, if appropriate, a custody order,
parenting time order, grandparent visitation order, or child support
order. The court shall take into account the following in determining
whether to modify a custody order, parenting time order, grandparent
visitation order, or child support order:
(1) The distance involved in the proposed change of residence.
(2) The hardship and expense involved for the nonrelocating
individual to exercise parenting time or grandparent visitation.
(3) The feasibility of preserving the relationship between the
nonrelocating individual and the child through suitable
parenting time and grandparent visitation arrangements,
including consideration of the financial circumstances of the
parties.
(4) Whether there is an established pattern of conduct by the
relocating individual, including actions by the relocating
individual to either promote or thwart a nonrelocating
individual'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 the
child.
(6) Other factors affecting the best interest of the child.
(c) The court may award reasonable attorney's fees for a motion
filed 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 initial
hearing to determine custody, the court may consider the factors set
forth in this chapter in the court's initial custody determination.
(b) The court may consider a proposed relocation of a child as a
factor in determining whether to modify a custody order, parenting
time 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, an
individual required to file a notice under IC 31-14-13-10 or section
1 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 the
relocating 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 the
mailing 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 the
relocating individual.
(D) The date that the relocating individual intends to move.
(E) A brief statement of the specific reasons for the proposed
relocation of the child.
(F) A proposal for a revised schedule of parenting time or
grandparent visitation with the child.
(G) A statement that a parent must file an objection to the
relocation 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 a
petition 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 the
relocating individual is unable to provide the information required
under subsection (a)(2) not later than ninety (90) days before the
relocating individual intends to move, the relocating individual shall
provide the information in the manner required under subsection (a)
not later than ten (10) days after the date that the relocating
individual obtains the information required to be provided under
subsection (a)(2). However, the relocating individual must provide
all the information required under subsection (a)(2) not later than
thirty (30) days before the relocating individual intends to move to
the 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 required
under section 3 of this chapter creates a significant risk of substantial
harm to the relocating individual or the child, the court may order:
(1) that the address, the telephone number, or other identifying
information of the relocating individual or child not be
disclosed in the pleadings, other documents filed in the
proceeding, or the final order;
(2) that the information required under section 3 of this chapter
be maintained by the clerk of the court in a secure location
separate from the pending case file;
(3) that the notice requirements under IC 31-14-13-10 or this
chapter be waived to the extent necessary to protect the
relocating individual or child from significant risk of substantial
harm; or
(4) other remedial action that the court considers necessary to
facilitate the legitimate needs of the parties and the best interest
of 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 notice
from the relocating individual under IC 31-14-13-10 or this chapter,
a nonrelocating parent may file a motion seeking a temporary or
permanent order to prevent the relocation of a child.
(b) On the request of either party, the court shall hold a full
evidentiary hearing to grant or deny a relocation motion under
subsection (a).
(c) The relocating individual has the burden of proof that the
proposed relocation is made in good faith and for a legitimate reason.
(d) If the relocating individual meets the burden of proof under
subsection (c), the burden shifts to the nonrelocating parent to show
that the proposed relocation is not in the best interest of the child.
(e) If the nonrelocating parent fails to file a motion under
subsection (a), the relocating individual who has custody of the child
may 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 section
5 of this chapter, the court, after notice and an opportunity to be
heard or after compliance with Trial Rule 65(B), may grant a
temporary order restraining the relocation of a child or order the
child to be returned to the nonrelocating parent if the court finds:
(1) that the notice required under IC 31-14-13-10 or this chapter
was not served in a timely manner and the parties have not
presented 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 the
temporary hearing, that there is a likelihood that, after a final
hearing, the court will not approve the relocation of the child.
(b) The court may grant a temporary order permitting the
relocation of the child pending a final hearing if the court:
(1) determines that the notice required under IC 31-14-13-10 or
this chapter was provided in a timely manner;
(2) issues an order for a revised schedule for temporary
parenting time with the child; and
(3) reviews the evidence presented at the temporary hearing and
determines 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 relocating
individual to move, in its final judgment, the court must consider
factors:
(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.
IC 31-17-2.2-1 Notice of intent to move residence; modifying orders; attorney's
fees
Sec. 1. (a) A relocating individual must file a notice of the intent
to 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 the
legal proceedings concerning the custody of or parenting time
with 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 a
hearing to review and modify, if appropriate, a custody order,
parenting time order, grandparent visitation order, or child support
order. The court shall take into account the following in determining
whether to modify a custody order, parenting time order, grandparent
visitation order, or child support order:
(1) The distance involved in the proposed change of residence.
(2) The hardship and expense involved for the nonrelocating
individual to exercise parenting time or grandparent visitation.
(3) The feasibility of preserving the relationship between the
nonrelocating individual and the child through suitable
parenting time and grandparent visitation arrangements,
including consideration of the financial circumstances of the
parties.
(4) Whether there is an established pattern of conduct by the
relocating individual, including actions by the relocating
individual to either promote or thwart a nonrelocating
individual'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 the
child.
(6) Other factors affecting the best interest of the child.
(c) The court may award reasonable attorney's fees for a motion
filed 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 initial
hearing to determine custody, the court may consider the factors set
forth in this chapter in the court's initial custody determination.
(b) The court may consider a proposed relocation of a child as a
factor in determining whether to modify a custody order, parenting
time 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, an
individual required to file a notice under IC 31-14-13-10 or section
1 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 the
relocating 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 the
mailing 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 the
relocating individual.
(D) The date that the relocating individual intends to move.
(E) A brief statement of the specific reasons for the proposed
relocation of the child.
(F) A proposal for a revised schedule of parenting time or
grandparent visitation with the child.
(G) A statement that a parent must file an objection to the
relocation 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 a
petition 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 the
relocating individual is unable to provide the information required
under subsection (a)(2) not later than ninety (90) days before the
relocating individual intends to move, the relocating individual shall
provide the information in the manner required under subsection (a)
not later than ten (10) days after the date that the relocating
individual obtains the information required to be provided under
subsection (a)(2). However, the relocating individual must provide
all the information required under subsection (a)(2) not later than
thirty (30) days before the relocating individual intends to move to
the 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 required
under section 3 of this chapter creates a significant risk of substantial
harm to the relocating individual or the child, the court may order:
(1) that the address, the telephone number, or other identifying
information of the relocating individual or child not be
disclosed in the pleadings, other documents filed in the
proceeding, or the final order;
(2) that the information required under section 3 of this chapter
be maintained by the clerk of the court in a secure location
separate from the pending case file;
(3) that the notice requirements under IC 31-14-13-10 or this
chapter be waived to the extent necessary to protect the
relocating individual or child from significant risk of substantial
harm; or
(4) other remedial action that the court considers necessary to
facilitate the legitimate needs of the parties and the best interest
of 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 notice
from the relocating individual under IC 31-14-13-10 or this chapter,
a nonrelocating parent may file a motion seeking a temporary or
permanent order to prevent the relocation of a child.
(b) On the request of either party, the court shall hold a full
evidentiary hearing to grant or deny a relocation motion under
subsection (a).
(c) The relocating individual has the burden of proof that the
proposed relocation is made in good faith and for a legitimate reason.
(d) If the relocating individual meets the burden of proof under
subsection (c), the burden shifts to the nonrelocating parent to show
that the proposed relocation is not in the best interest of the child.
(e) If the nonrelocating parent fails to file a motion under
subsection (a), the relocating individual who has custody of the child
may 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 section
5 of this chapter, the court, after notice and an opportunity to be
heard or after compliance with Trial Rule 65(B), may grant a
temporary order restraining the relocation of a child or order the
child to be returned to the nonrelocating parent if the court finds:
(1) that the notice required under IC 31-14-13-10 or this chapter
was not served in a timely manner and the parties have not
presented 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 the
temporary hearing, that there is a likelihood that, after a final
hearing, the court will not approve the relocation of the child.
(b) The court may grant a temporary order permitting the
relocation of the child pending a final hearing if the court:
(1) determines that the notice required under IC 31-14-13-10 or
this chapter was provided in a timely manner;
(2) issues an order for a revised schedule for temporary
parenting time with the child; and
(3) reviews the evidence presented at the temporary hearing and
determines 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 relocating
individual to move, in its final judgment, the court must consider
factors:
(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.
