If you have a child and paternity has been established or you are divorced, then under Indiana law, you must notify the other parent if you are moving. This is true even if you are moving across the street. Failing to provide notice can lead to litigation and fees, so you should be certain to file a Notice of Intent to Relocate and comply with the statutory requirements.
Now that you are clear that filing a Notice is required, the next question is what should be in the Notice. The elements of a Notice are clear and are as follows:
- The address where you are moving (and the mailing address if it is different from the residential address);
- The home telephone number of the new home (or cell number if you do not anticipate having a home telephone line);
- Any other applicable telephone number;
- The date you intend to move;
- A brief statement as to why you are moving;
- A proposal for a revised parenting time schedule (or a statement that the schedule will not need to change);
- A statement that the an objection must be filed no later than 60 days after the Notice has been received by the non-moving parent or grandparent;
- A statement that the nonrelocating individual may file any orders pertaining to custody, parenting time, grandparent visitation, or child support.
There is one more requirement which is also the most common violation of the law (other than not filing the Notice at all). The requirement is that Notice should be filed 90 days before you intend to move. There are limited exceptions to this rule.
In some cases, it is possible to handle a Notice of Intent to Relocate on your own. However, it may be advisable to seek counsel to ensure compliance with the law or if you believe there will be an objection to your proposed relocation.
Please contact us if you would like to discuss your potential relocation case.