Ind. Code § 31-17-2.2-3

Notice; information requirements

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Sec. 3. Except as provided in section 4 of this chapter, an individual required to file a notice under section 1 of this chapter must:

(1) file and serve the notice on each nonrelocating individual who is a party to the action in accordance with the Indiana Rules of Trial Procedure not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner;

(2) send the notice to any nonrelocating individual who is not a party to the action by registered or certified mail not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner; and

(3) provide the following information in the notice:

(A) The intended new residence, including the:

(i) address; and

(ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).

(B) All telephone numbers for the relocating individual.

(D) A brief statement of the specific reasons for the proposed relocation of the child.

(E) A statement that the relocating individual either does or does not believe that a revision of parenting time or grandparent visitation is necessary.

(F) A statement that a nonrelocating parent must file a response regarding the relocation of the child with the court not later than twenty (20) days after service of the notice.

(G) The following statements:

(i) A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child.

(ii) A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.

(H) A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.

As added by P.L.50-2006, SEC.7. Amended by P.L.1-2007, SEC.194; P.L.186-2019, SEC.12.

Notes of Decisions

Cited in 12 cases, 2006–2020 · leading case: David v. Taylor v. Sheryl Crowder Taylor

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David v. Taylor v. Sheryl Crowder Taylor (2015) indctapp · cites it 10× “” I.C. § 31-17-2.2-3. And, “[u]pon motion of a party, the court shall set the matter for a hearing to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order.”

Rogers v. Rogers (2007) indctapp · cites it 4× “Also, in accordance with Indiana Code section 31-17-2.2-3: (a) Except as provided in section 4 of this chapter, an individual required to file a notice under IC.”

Geoffrey A. Gilbert v. Melinda J. Gilbert (2014) indctapp · cites it 4× “I.C. § 31-17-2.2-3(a)(2). If, within sixty days of receiving notice, the non-relocating parent fails to object, the relocating custodial parent is permitted to relocate with the child.”

Ryan Gold v. Starr Weather (2014) indctapp · cites it 2× “Ind.Code § 31-17-2.2-3(a)(l)(B). Mother did not file her notice at least ninety days prior to her intended relocation; in fact, she filed the notice on June 17, 2011, stating that she intended to move oh July 1, 2011.”

Robinson v. Robinson (2006) kyctapp “The 2006 session of the Indiana legislature recently enacted a 90-day notice requirement (Ind.Code Ann. § 31-17-2.2-3 (2006)). "Reasonable” notice is required in Colorado (Colo.”

Michael D. Fox v. Melissa J. Fox (mem. dec.) (2017) indctapp · cites it 4× “I.C. § 31-17-2.2-3. Within sixty days of receiving the notice, the non-relocating parent may file a motion seeking a temporary or permanent order to prevent the relocation of the child.”

Max McClain, II v. Brittney Kinsey (mem. dec.) (2016) indctapp · cites it 2× “I.C. § 31-17-2.2-3(a)(2). [16] The record shows that Father filed at least two verified petitions seeking a remedy for Mother’s relocations.”

In the Matter of the Paternity of K.B.F., C.C. v. M.F. (mem. dec.) (2017) indctapp · cites it 2× “2 Indiana Code section 31-17-2.2-3(b) states: Except as provided in section 4 of this chapter, if the relocating individual is unable to provide the information required under subsection (a)(2) not later than ninety (90) days before the relocating individual intends to move, the…”

Margarita Ruiz v. Pedro J. Tirado (mem. dec.) (2018) indctapp · cites it 2× “The trial court scheduled 1 Indiana Code section 31-17-2.2-3 states, in relevant part: (a) Except as provided in section 4 of this chapter, an individual required to file a notice under IC 31-14-13-10 or section 1 of this chapter must: (1) send the notice to each nonrelocating…”

Tiffani L. (Freeman) Lynn v. Andrew S. Freeman (2020) indctapp · cites it 2× “2-1 (a) and (b); see also I.C. § 31-17-2.2-3 (setting out required contents of the notice).”

Andrew M. Shaw v. Tera A. Shaw (mem. dec.) (2015) indctapp · cites it 2× “She was required, pursuant to Indiana Code section 31-17-2.2-3, to send that notice to Father at least thirty days before relocating.”

Janet L. McDaniel v. Mark L. McDaniel (mem. dec.) (2016) indctapp “CODE § 31-17-2.2-3 Court of Appeals of Indiana | Memorandum Decision 45A03-1511-DR-1934 | September 30, 2016 Page 18 of 22 III.”

— Ind. Code § 31-17-2.2-3(a)(2) — 2 cases

Geoffrey A. Gilbert v. Melinda J. Gilbert (2014) indctapp “I.C. § 31-17-2.2-3(a)(2). If, within sixty days of receiving notice, the non-relocating parent fails to object, the relocating custodial parent is permitted to relocate with the child.”

Max McClain, II v. Brittney Kinsey (mem. dec.) (2016) indctapp “I.C. § 31-17-2.2-3(a)(2). [16] The record shows that Father filed at least two verified petitions seeking a remedy for Mother’s relocations.”

— Ind. Code § 31-17-2.2-3(a)(2)(H) — 1 case

David v. Taylor v. Sheryl Crowder Taylor (2015) indctapp “” I.C. § 31-17-2.2-3. And, “[u]pon motion of a party, the court shall set the matter for a hearing to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order.”

— Ind. Code § 31-17-2.2-3(a)(l)(B) — 1 case

Ryan Gold v. Starr Weather (2014) indctapp “Ind.Code § 31-17-2.2-3(a)(l)(B). Mother did not file her notice at least ninety days prior to her intended relocation; in fact, she filed the notice on June 17, 2011, stating that she intended to move oh July 1, 2011.”

— Ind. Code § 31-17-2.2-3(b) — 1 case

In the Matter of the Paternity of K.B.F., C.C. v. M.F. (mem. dec.) (2017) indctapp “2 Indiana Code section 31-17-2.2-3(b) states: Except as provided in section 4 of this chapter, if the relocating individual is unable to provide the information required under subsection (a)(2) not later than ninety (90) days before the relocating individual intends to move, the…”

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