Indiana

Statutory framework; factor structure: 9.

Authority

Ind. Code § 31-17-2-8

Source framework

Statutory

Factor structure

9

Operative language

shall

Catch-all language

preamble

Presumptions in the original survey

Express anti-presumption

Child's voice / age rule

14 (more weight)

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"Irretrievable breakdown of the marriage"

Authority

Ind. Code §§ 31-15-2-3, -10 to -16; 31-15-3-3.

Grounds without a misconduct showing

"Irretrievable breakdown of the marriage"

Other grounds and proof conditions

felony conviction after marriage, impotence at marriage, incurable insanity 2 years (3)

Separation

none

Timing

Ordinarily a final hearing is no earlier than 60 days after the dissolution petition (§ 31-15-2-10). Under § 11, a dissolution petition or counterpetition filed after a legal-separation petition may be heard after 60 days from that separation filing. Section 13 permits a summary dissolution decree without a final hearing at least 60 days after the dissolution petition if verified pleadings signed by both parties contain a final-hearing waiver and either no contested issues or the qualifying written agreement. Sections 14–15 separately address uncontested issues and reconciliation continuance.

Relief without dissolution

Yes, § 31-15-3-3

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Statutory relocation factors. Shifting burden. 30 days; exceptions apply.

Authority

IC 31-17-2.2

Court test

statutory relocation factors

Burden classification

burden shifts to the objecting parent after a threshold showing

Notice classification

yes

Trigger classification

principal-residence move; statutory definitions and exceptions apply

Effect of silence

yes

What the court weighs

The relocating individual first proves the move is in good faith and for a legitimate reason. If so, the burden shifts to the nonrelocating parent to show the move is not in the child's best interest (IC 31-17-2.2-5(e)-(f)). In deciding whether to modify custody, parenting time or support, the court takes into account six factors: distance. Hardship and expense for the nonrelocating individual. Feasibility of preserving the relationship. An established pattern of conduct by the relocating individual, including promoting or thwarting contact. Each side's reasons. And other best-interest factors (-1(c)).

Who carries the burden

The relocating individual bears the initial burden (good faith and legitimate reason). It then shifts to the nonrelocating parent to show the move is not in the child's best interest (IC 31-17-2.2-5(e)-(f)). Applied in D.C. v. J.A.C. (Ind. 2012), Lynn v. Freeman (2020), Pilkington (2024) and V.D. (2024). Carrell v. Schurman (Ind. Ct. App. September 29, 2026) remanded where the trial court put the initial burden on the nonrelocating father, confusing the order of proof with the burden of proof.

Notice and safety exceptions

Yes. A relocating individual (a person who has or seeks custody or parenting time and intends to move their principal residence) files a notice of intent to move with the clerk of the court that issued the custody or parenting-time order, or, if that does not apply, the court with jurisdiction over the proceedings. The notice is served on each nonrelocating party at least 30 days before the move, or within 14 days after learning of the move, whichever is sooner. Nonparties get it by registered or certified mail on the same timing (IC 31-17-2.2-1(a), -3(1)-(2)). The notice must state the new address and any different mailing address, all telephone numbers, the move date, a brief statement of the specific reasons, whether the relocating individual believes a revision of parenting time or grandparent visitation is necessary, that a response is due within 20 days, that a party may petition to prevent the relocation and a nonrelocating individual may petition to modify, and that all existing orders remain in effect until modified (-3(3)). No filing is required if a prior order addressed the move, or under § 31-17-2.2-1(b)(2), which as printed requires that the move will decrease the distance between the two residences or increase it by no more than 20 miles, with a separate trailing condition that the move 'allow the child to remain enrolled in the child's current school.' The school condition is printed outside both distance alternatives; no appellate decision construes whether it also conditions a distance-decreasing move. Collins v. Pugh, a 2026 nonprecedential memorandum, paraphrases the exception in a footnote while deciding a contempt question under the parties' own agreement, and does not construe the clause. A court may protect identifying information or waive notice to the extent necessary upon the specified significant risk of substantial harm finding (-4).

Which moves trigger the rule

A “relocating individual” includes a person who has or seeks custody or parenting time and intends to move their principal residence (IC 31-9-2.1-208). Separately, “relocation” means a change of primary residence for at least 60 days for purposes of IC 31-14-13 and IC 31-17-2.2 (IC 31-9-2.1-209) (both definitions relocated from former IC 31-9-2 by P.L.145-2026, effective July 1, 2026). Section 31-17-2.2-1(a) states the filing duty in terms of a relocating individual; subsection (b) describes filing exceptions. The Indiana Parenting Time Guidelines commentary states that the notice requirement applies to a change of primary residence for at least 60 days; the statutory filing exceptions and any applicable order must also be considered.

Objections and the effect of silence

Unless the parties execute and file a written agreement resolving all custody, parenting-time, grandparent-visitation and child-support issues resulting from the relocation (with a signed support worksheet attached if support is modified), the nonrelocating parent must file a response within 20 days after service: no objection. No objection but a motion to modify. Or an objection with a motion to prevent the move and to modify (IC 31-17-2.2-5(a)). If the nonrelocating parent does not respond, the relocating individual may relocate (-5(g)). The court holds a full evidentiary hearing on request (-5(d)). Existing custody, parenting-time, grandparent-visitation and support orders remain effective until modified (§ 31-17-2.2-1(e)).

The modification threshold

No separate showing needed. Baxendale v. Raich (Ind. 2008) held that when relocation prompts a modification, the § 31-17-2-21 requirement of a substantial change in a § 31-17-2-8 factor does not apply. The relocation factors govern. Relocation alone does not require a change in custody.

Other qualifications

Notice is filed with the court clerk, not just sent to the other parent. The mover first proves good faith and a legitimate reason; the nonrelocating parent then must show the move is not in the child’s best interest. Failure to respond within the statutory 20-day window permits relocation, but existing custody, parenting-time, grandparent-visitation and support orders remain effective until modified.

Burden summary

Shifting burden

Notice summary

30 days; exceptions apply

Trigger summary

Principal-residence move; exceptions apply

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