Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Indiana, parental relocation is governed by specific statutes that address the situation where a parent wishes to move with their child following a divorce or separation. When a parent with custody or parenting time rights intends to relocate, they must file a notice of intent to move with the court and serve it on the non-relocating parent. This notice must be filed no later than 90 days before the planned move or within 30 days after the parent becomes aware of the relocation, whichever is sooner. The non-relocating parent has the right to object to the move, and if they do, the court will consider the relocation request. Indiana courts will evaluate whether the relocation is in the best interests of the child, taking into account factors such as the distance of the move, the reasons for the relocation, the child's relationship with both parents, and how the move will affect the child's education and quality of life. If the parents cannot agree on the terms of relocation, the court will make a determination based on these factors. Modifications to child custody orders, including geographic restrictions, can be requested by filing a motion with the court, and the court will decide based on the child's best interests.