Moving to a new home creates quite the to-do list! You’re dealing with a new mortgage, transferring utilities, forwarding mail and even selling your prior residence. If you have an Indiana custody, parenting time or grandparent visitation order, you need to add one more item to your list! You must file a Notice of Intent to Relocate.
This often neglected and forgotten requirement in Indiana law lands numerous parents in hot water each year when they fail to file and send to their co-parent (or to a grandparent with court-ordered visitation) the required notice document. It is important to note that a Notice of Intent to Relocate is required of all relocating individuals regardless of the number of times you move or the distance of your move. Whether the move is across the country or across the street, a Notice of Intent to Relocate is required.
The Notice itself contains some basic information such as the address to which you are relocating, your telephone number, the date of your proposed relocation and the reason you are relocating. In addition, you must state whether or not the relocation will affect the current parenting plan. If it does, you must state your proposal for parenting time following your relocation. Your notice must also contain a statement notifying the non-relocating parent or grandparent that he or she can disagree with the relocation and ask to change custody, parenting time or grandparent visitation by filing an objection with the court.
The toughest thing about the Notice requirement is that Notice must be filed with the court that issued your current parenting time order and mailed by certified mail to the non-relocating parent or grandparent 90 days prior to your move. The non-relocating parent or grandparent then has 60 days to file an objection in court. Even if you do not lock down each detail of your move and have to inform the court that you are missing some information, the best course of action is to file your Notice in time. You can always file an Amended Notice with the missing information later.
Informal discussions with your co-parent or a grandparent with court-ordered visitation do not count as Notice, and you must always file a Notice of Intent to Relocate. If you need help with the format of the Notice and getting it filed and served properly, contact your attorney for assistance.
Good luck with your move!