When parents separate, travel and relocation can be key issues. One common question is whether one parent can take a child out of state if they have shared custody.
Indiana law has clear rules for both short trips and permanent moves. Below are some important factors to consider.
Out-of-state travel for visits or vacations
If your ex wants to take your child out of state for a vacation or visit, this is usually allowed unless a court order says otherwise. Most custody agreements include rules about travel.
The traveling parent often needs to give notice ahead of time. This notice should include details like the destination, dates of travel and contact information. If you believe the trip could put your child at risk, you may have grounds to object in court.
Moving to another state with a child
Relocating is a different matter. Under Indiana law, a parent who wants to move must file a notice of intent to relocate. This rule applies even if they have sole or primary custody. The notice must be filed at least 30 days before the planned move and must include the new address, reason for moving and proposed changes to the current parenting time schedule.
The non-moving parent has the right to object. If they file a formal objection, the court will schedule a hearing. A judge will decide whether the move is in the best interests of the child. Until the court makes a decision, the child cannot be relocated out of state.
If you are concerned about your ex moving out of state with your child, it’s essential to seek legal guidance.
