How Courts Decide on Relocation Requests in Custody Cases

Relocation requests in custody cases can be some of the most emotional and challenging disputes families face. When a parent wants to move—whether across the state or across the country—it can affect the child’s daily life, their relationship with each parent, and the balance of custody arrangements.

At The Nice Law Firm, we know how important these cases are to families across Indiana. As a child custody law firm, we’ve seen firsthand how courts weigh relocation requests. The decisions aren't made lightly. Judges look closely at what serves the child’s best interests while respecting both parents’ rights.

We proudly serve families throughout Indiana with offices in Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg—providing trusted legal guidance wherever you are.

If you’re facing a child custody relocation dispute, don’t face it alone. Contact The Nice Law Firm today to discuss your case and protect your child’s future.

Legal Baselines for Relocation in Indiana

Indiana has specific statutes that govern relocation in child custody cases. A parent who plans to move must file a notice of intent with the court. This notice is required whether the parent has primary custody or shared custody. The other parent then has the right to file an objection.

We often remind clients that the court’s focus isn't on the parents’ personal preferences but on the child’s well-being. As child custody attorneys, we help parents prepare strong cases, whether they’re seeking to move or opposing a relocation request.

Factors Courts Consider in Relocation Cases

When deciding whether a relocation request should be granted, courts review several key factors:

• Best interests of the child: Judges prioritize stability, emotional health, and continued relationships with both parents.

• Reasons for relocation: Moving for a new job, better housing, or family support may carry more weight than a move without clear benefits.

• Distance of the move: Relocations across town may be easier to accommodate than moves across state lines.

• Impact on parenting time: Courts look at how the move will affect the non-relocating parent’s access to the child.

• History of involvement: The level of engagement each parent has shown in the child’s life matters.

As child custody attorneys, we work to present evidence that directly addresses these factors, helping the court understand why a move should or shouldn't be allowed.

Notice Requirements and Timelines

Indiana law requires that a parent planning to relocate file notice with the court and provide a copy to the other parent. The notice generally must be filed at least 90 days before the planned move. This gives the other parent time to respond.

Failure to follow notice rules can create serious problems. Courts may view noncompliance as acting in bad faith. That’s why we guide parents through every step, making sure the notice is properly drafted and delivered. A child custody attorney who knows the procedure can prevent small mistakes from turning into major setbacks.

Challenging a Relocation Request

When a parent objects to relocation, the court holds a hearing to consider the arguments. We often see objections based on concerns about losing parenting time or disrupting the child’s school and community ties.

As child custody attorneys, we help parents present evidence such as:

• School records showing the child’s current academic success.

• Testimony about the child’s friendships and support networks.

• Documentation of how often the non-relocating parent spends time with the child.

This evidence helps the judge weigh whether the move would harm or benefit the child’s life.

Supporting a Relocation Request

On the other side, when a parent seeks to relocate, the case must be built carefully. The parent must show that the move has a valid purpose and that it won’t sever the child’s relationship with the other parent.

We often prepare relocation cases by gathering:

• Job offers or proof of financial improvement tied to the move.

• Housing information showing a better environment for the child.

• Proposals for revised parenting time schedules, such as extended visits or virtual communication.

As child custody attorneys, our role is to demonstrate that the relocation aligns with the child’s best interests, not just the parent’s wishes.

Parenting Time Adjustments After Relocation

If a relocation is approved, the court may modify custody and parenting time arrangements. Judges may allow the moving parent to retain primary custody but grant the other parent longer visits during school breaks.

Technology also plays a role. Courts may encourage video calls, regular phone contact, and other tools to maintain the parent-child relationship. We help clients create realistic parenting time plans that address travel costs, school schedules, and family routines.

A child custody attorney makes sure these plans are clear and enforceable, reducing future conflict between parents.

Your Child’s Voice

In some cases, older children may express their preferences about relocation. While younger children’s input carries less weight, teens often have more say. Judges balance the child’s wishes with their maturity and reasoning.

We’ve seen cases where a child’s strong connection to their school, friends, or local activities influenced the outcome. As child custody attorneys, we explain to clients that while a child’s opinion matters, it’s one of many factors the court considers.

Relocation Requests and Joint Custody

Relocation requests can be especially difficult when parents share joint custody. Moving may disrupt a carefully balanced schedule. Courts may be reluctant to approve a relocation that undermines both parents’ involvement.

We help parents in joint custody cases explore alternatives. Sometimes compromises can be reached, such as delaying the move, splitting the school year, or revising holiday schedules. A child custody attorney can negotiate these solutions before the case escalates to a full trial.

Relocation and Child Support

Relocation can affect child support obligations. If the move changes the parenting schedule significantly, the court may adjust support payments. For example, if the non-relocating parent loses regular parenting time, the financial responsibilities may shift.

We help clients understand how relocation impacts not only custody but also financial obligations. By working with a child custody attorney, parents can anticipate these changes and prepare for them.

Emergency Relocation Requests

Sometimes, relocations happen under urgent circumstances—such as domestic violence, sudden job transfers, or health emergencies. Courts can expedite hearings in these situations.

As child custody attorneys, we assist parents in filing emergency motions that explain why immediate action is necessary. We also work to balance urgency with compliance, so the court understands the seriousness of the request.

Modification of Custody Orders After Relocation

Even after a relocation decision, circumstances can change. Parents may request modifications to custody orders if the arrangement no longer meets the child’s needs.

We often handle modification cases where:

• The child struggles academically or emotionally after the move.

• Travel costs become burdensome.

• The non-relocating parent’s circumstances change.

As child custody attorneys, we advocate for modifications that realign the custody order with the child’s best interests.

Practical Advice for Parents Facing Relocation

Relocation cases are challenging, but preparation helps. We often recommend that parents:

• Document everything: Keep records of your involvement in the child’s life.

• Stay cooperative: Judges value parents who work toward solutions.

• Plan realistically: Consider travel time, school calendars, and expenses.

• Seek legal help early: Relocation cases are decided on evidence, not assumptions.

As child custody attorneys, we support parents through these steps, helping them make informed decisions and present strong cases.

Common Misconceptions About Relocation

Relocating with children can be confusing, and many parents hold common misconceptions about the legal requirements and court considerations involved.

We often hear misconceptions, such as:

• “I can move without permission.”

  In Indiana, notice is always required.

• “If I have custody, the court will approve my move.”

  Custody doesn’t guarantee relocation rights.

• “The court only cares about the parent’s reason for moving.”

  The child’s best interests remain the central factor.

Clearing up these misunderstandings is part of our role as child custody attorneys, so parents know exactly what to expect.

Why Legal Representation Matters

Relocation requests touch every part of family life—housing, education, finances, and parent-child bonds. These cases require careful preparation and a clear strategy.

At The Nice Law Firm, we bring decades of experience to relocation disputes. As your child custody attorneys, we gather the right evidence, present persuasive arguments, and advocate for outcomes that protect children while respecting parents’ rights.

Reach Out to a Trusted Custody Attorney Today

Relocation requests in custody cases are among the most delicate decisions courts make. Every case is unique, but Indiana judges consistently focus on the child’s best interests. Parents seeking or opposing a move need strong evidence, clear arguments, and supportive legal guidance.

At The Nice Law Firm, we’re here to help. As your child custody attorneys in Indiana, we understand how much these cases matter to families. We work with parents to protect their rights, preserve parent-child relationships, and create custody arrangements that truly serve the best interests of children.

With offices in Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg, we're proud to serve families across Indiana with trusted, local legal support.

If you’re involved in a child custody relocation dispute, contact The Nice Law Firm today to schedule a consultation and safeguard your family’s future.