Ind. Code ch. 31-17-2.2

Ind. Code ch. 31-17-2.2
in effect

Ind. Code § 31-17-2.2-0.5 Notice requirements for persons seeking rights with a child

Sec. 0.5. Except as provided in section 4 of this chapter, an individual who has or is seeking: (1) custody of a child; (2) parenting time with a child; or (3) grandparent's visitation under IC 31-17-5; shall at all times keep all other individuals who have or are seeking rights with the child (as described in subdivisions (1) through (3)) advised of the individual's home address and all of the individual's telephone numbers and electronic mail addresses. Information required by this section must be provided in writing, including electronically, to each individual entitled to the information. As added by P.L.186-2019, SEC.10.

Ind. Code § 31-17-2.2-1 Notice of intent to move residence; modifying orders; attorney's fees; mediation and alternative dispute resolution; exceptions

Sec. 1. (a) Except as provided in subsection (b), 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. (b) A relocating individual is not required to file a notice of intent to move with the clerk of the court if: (1) the relocation has been addressed by a prior court order, including a court order relieving the relocating individual of the requirement to file a notice; or (2) the relocation will: (A) result in a decrease in the distance between the relocating individual's residence and the nonrelocating individual's residence; or (B) result in an increase of not more than twenty (20) miles in the distance between the relocating individual's residence and the nonrelocating individual's residence; and allow the child to remain enrolled in the child's current school. (c) Upon motion of a party, the court shall set the matter for a hearing to allow or restrain the relocation of a child and to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order. The court's authority to modify a custody order, parenting time order, grandparent visitation order, or child support order is not affected by the fact that a relocating individual is exempt from the requirement to file a notice of relocation by subsection (b). 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. (d) A court may order the relocating individual and the nonrelocating individual to participate in mediation or another alternative dispute resolution process before a hearing under this section: (1) on its own motion; or (2) upon the motion of any party. (e) If a relocation occurs, all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court. (f) The court may award reasonable attorney's fees for a motion filed under this section in accordance with IC 31-15-10 and IC 34-52-1-1(b). As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.11; P.L.162-2020, SEC.1.

Ind. Code § 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.

Ind. Code § 31-17-2.2-3 Notice; information requirements

Sec. 3. Except as provided in section 4 of this chapter, an individual required to file a notice under section 1 of this chapter must: (1) file and serve the notice on each nonrelocating individual who is a party to the action in accordance with the Indiana Rules of Trial Procedure not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner; (2) send the notice to any nonrelocating individual who is not a party to the action by registered or certified mail not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner; and (3) 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) All telephone numbers for the relocating individual. (C) The date that the relocating individual intends to move. (D) A brief statement of the specific reasons for the proposed relocation of the child. (E) A statement that the relocating individual either does or does not believe that a revision of parenting time or grandparent visitation is necessary. (F) A statement that a nonrelocating parent must file a response regarding the relocation of the child with the court not later than twenty (20) days after service of the notice. (G) The following statements: (i) A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child. (ii) 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. (H) A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court. As added by P.L.50-2006, SEC.7. Amended by P.L.1-2007, SEC.194; P.L.186-2019, SEC.12.

Ind. Code § 31-17-2.2-4 Risk or harm in disclosing information

Sec. 4. If a court finds that disclosure of the information required under IC 31-14-13-10.2 or section 0.5 or 3 of this chapter creates a significant risk of substantial harm to the individual required to provide the disclosure or to the child, the court may order: (1) that the address, the telephone number, or other identifying information of the individual or child not be shared with other individuals or 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 this chapter be waived to the extent necessary to protect the 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. Amended by P.L.186-2019, SEC.13.

Ind. Code § 31-17-2.2-5 Response to request for relocation; required information; burden of proof; exceptions

Sec. 5. (a) Except as provided in subsection (b), a nonrelocating parent shall file a response not more than twenty (20) days after the day the nonrelocating parent is served notice from the relocating individual under section 3 of this chapter. The nonrelocating parent's response must include one (1) of the following: (1) A statement that the nonrelocating parent does not: (A) object to the relocation of the child; and (B) request the modification of any custody, parenting time, grandparent visitation, or child support order. (2) The following: (A) A statement that the nonrelocating parent does not object to the relocation of the child. (B) A motion requesting the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation. (C) A request for a hearing on the motion filed under clause (B). (3) The following: (A) A statement that the nonrelocating parent objects to the relocation of the child. (B) A motion requesting: (i) a temporary or permanent order to prevent the relocation of the child; and (ii) the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation. (C) A request for a hearing on the motion filed under clause (B). (b) A nonrelocating parent is not required to file a response under subsection (a) if the parties have executed and filed with the court a written agreement resolving all issues related to custody, parenting time, grandparent visitation, and child support resulting from the relocation of the child. The agreement must include a child support worksheet to be signed by the parties and attached to the agreement, if the agreement results in a modification of support. (c) A motion filed under subsection (a)(2) or (a)(3) must state whether the relocating individual and the nonrelocating parent have participated in mediation or another alternate dispute resolution process regarding the relocation of the child. (d) On the request of either party, the court shall hold a full evidentiary hearing to allow or restrain the relocation of the child and to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order. (e) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason. (f) If the relocating individual meets the burden of proof under subsection (e), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child. (g) If the nonrelocating parent fails to file a response under subsection (a), the relocating individual may relocate to the new residence. As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.14.

Ind. Code § 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(a)(3) 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 section 3 of this chapter was not served in a timely manner and the parties have not presented an agreement regarding the relocation of the child; (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 section 3 of this chapter was provided in a timely manner; (2) issues orders that may be necessary for temporary custody, parenting time, support, and grandparent visitation 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 relocation of the child 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. Amended by P.L.186-2019, SEC.15.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026

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