A mother’s decision to move can be difficult for everyone involved, especially when it affects a father’s time with his children and the close relationship they share. In Indiana, family courts try to balance a parent’s need to relocate with a child’s right to have a meaningful relationship with both parents.
If you are facing this situation, it can feel overwhelming and frustrating. Indiana law does provide options to protect and enforce your parenting time, even when distance becomes an issue. Learning how the state’s relocation laws work is an important first step in making sure your role as a father is respected and preserved.
The 90-day notice
In Indiana, any parent intending to move must file a notice of intent to move at least 90 days before the relocation. Once notified, the other parent generally has 60 days to file an objection.
Failing to object promptly may look like implied consent, which can make it significantly more difficult to prevent the move at a later time.
Good faith vs. best interests
As the relocating parent, the mother must first demonstrate that the proposed move is in good faith. She must also have a legitimate reason for doing so, such as securing improved employment or relocating closer to family.
If she satisfies this requirement, the burden then shifts to the father to show that the relocation is not in the child’s best interest. This can include maintaining the stability and frequency of the father-child relationship.
Factors the court considers
When deciding on what is most beneficial to the child, judges often weigh a number of factors, including:
- Distance of the proposed move
- Effect of relocation on the existing parenting schedule
- Impact on the child’s relationship with the father
- Purpose of the move
- Feasibility of new schedules
Ultimately, the court’s main concern is protecting the child’s best interests while making sure both parents can maintain a meaningful bond with the child.
Your role as a parent matters
Relocation does not have to mean the loss of the stable connection you have established with your child. If a move may diminish meaningful parenting time, a lawyer can help you file a formal objection or request a hearing to safeguard your relationship. You deserve to have an active and present role in your child’s life.