Notice of intent to move residence; hearing to review and modify
custody, parenting time, and support orders
Sec. 23. (a) If an individual who has been awarded custody of a
child under this chapter intends to move to a residence:
(1) other than a residence specified in the custody order; and
(2) that is outside Indiana or at least one hundred (100) miles
from the individual's county of residence;
the individual must file a notice of the intent to move with the clerk
of the court that issued the custody order and send a copy of the
notice to a parent who was not awarded custody and who has been
granted parenting time rights under IC 31-17-4 (or IC 31-1-11.5-24
before its repeal).
(b) Upon request of either party, the court shall set the matter for
a hearing for the purposes of reviewing and modifying, if
appropriate, the custody, parenting time, and support orders. The
court shall take into account the following in determining whether to
modify the custody, parenting time, and support orders:
(1) The distance involved in the proposed change of residence.
(2) The hardship and expense involved for noncustodial parents
to exercise parenting time rights.
(c) Except in cases of extreme hardship, the court may not award
attorney's fees.
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.10;
P.L.68-2005, SEC.36.
Last modified: May 24, 2006