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A custodial or non-custodial parent who moves, even if it's across the street, will have to provide more notification to the other parent under new Indiana laws that take effect Saturday.
Law changes also will allow a child to attend school in either parent's school district without being charged tuition fees by the school corporation.
According to local attorney Patti Taylor, Senate Bill 40 adds a new chapter to the Indiana Code, section 31-17-2.2, that broadens the notice requirements for a relocating parent.
"It's just a lot broader than the prior notification provisions," she said.
The new law isn't limited to a parent though as anyone who has or is seeking custody of, or parenting time with a child also is affected. The relocating parent must provide the notification by registered or certified mail at least 90 days before the parent intends to move. The notification must be provided to anyone who has or is seeking child custody, parenting time or grandparent visitation.
Taylor said SB 40 also requires the relocating parent to include more specific information than was required before. That information includes the new address, new telephone number, date of anticipated relocation, reason for relocation and a proposed parenting schedule. The relocating parent will not be required to provide the information if they can prove such notification would create a substantial risk of harm to either the parent or the child.
Anyone who has an Indiana order that addresses custody or visitation or who is seeking custody or visitation, or is involved in pending action, even if it occurred more than 10 years ago, is affected by the Indiana Code changes, Taylor said.
Previously, a relocating parent only had to make notification if they were moving 100 miles or more from the county. But the Indiana law did not say from where in the county the 100 miles was calculated from, such as the county line or the county courthouse. The new law removes distance and requires the relocating parent to make notification of a move regardless of distance. Previous state code didn't require a relocating parent to tell the other parent where they were moving to, while the new code does require that information to be provided. The notification also must be certified or registered mail, which previously wasn't required.
The non-relocating parent may file a motion with the courts within 60 days from receipt of the relocation notice to prevent the child's relocation, to modify the prior orders, or to get relief, Taylor said. If the non-relocating parent fails to file a motion, the relocating parent may move with the child.
Either parent may request a full evidentiary hearing. At the hearing, the relocating parent is responsible for the initial burden of showing the proposed relocation was made for a legitimate reason. Once that burden is satisfied, the non-relocating parent must then show the proposed relocation is not in the best interests of the child.
In evaluating the motion to prevent a relocation of a child, the court may consider several factors. Among those considerations are the distance of the proposed relocation, the hardship or expense the relocation might create for the non-relocating parent, the feasibility of preserving the relationship between the child and the non-relocating parent after the relocation, the relocating parent's pattern of conduct as it pertains to the non-relocating parent's contact with the child, reasons for the relocation and other factors related to what's in the child's best interest.
The court, under the new Indiana Code, also is provided with several remedies, including modifying custody, parenting time, grandparent visitation or child support; issuing a temporary order permitting or preventing relocation while the hearing is pending; and awarding attorney's fees to either party. Previously under state code, Taylor said attorney fees were not awarded except in extreme hardship cases.
Taylor said of SB 40, "I think the non-custodial (parent) will benefit the most." Among the benefits to the non-custodial parent is that the custodial parent must give notice of changes to the non-custodial parent.
"There's more of a risk to a custodial parent," Taylor said.
Remedies for the court are more spelled out so the court may better address what is in the best interest of the child. The child benefits from the new state codes, Taylor said, because it puts a burden on both parents to keep each other informed of where they live and how to contact one another.
SB 39 amends IC 20-26-11-2 and adds a new section, 20-26-11-2.5, Taylor said. The Senate Bill is important, she said, because it permits a custodial parent to send their child to school in either parent's school district, but the parent must give notice at least 14 days prior to the start of the school year. If the child is at least 18 years old, they may choose themselves to attend either parent's school district but they also must give notice at least 14 days prior to the start of the school year. The custodial parent or 18-year-old child may do so only once per school year. The new Indiana Code prevents the school to which the child transfers to from charging transfer tuition fees.
Under the current rules, a child has to attend school where the custodial parent lives. A child is considered to have residence where their custodial parent has residence. Current law, which expires Saturday, allows a school district to charge tuition if a child attends their school but does not have residency in the school district.
Taylor said unless the media reports on the law changes, there is no way she knows of that parents can know of the changes in legislation. As an attorney specializing in family law, she keeps on top of the state code changes through mailings, conferences and classes as well as subscribes to the Indiana State Bar Association list serv.
Taylor also advised that if anyone felt impacted by the new Indiana Codes, they should contact their attorney to discuss their situation and discuss how the new laws may apply to them.
