2018 Indiana Code
TITLE 31. Family Law and Juvenile Law
ARTICLE 17. FAMILY LAW: CUSTODY AND VISITATION RIGHTS
CHAPTER 2.2. Relocation
31-17-2.2-5. Motion to prevent relocation; burden of proof

Universal Citation: IN Code § 31-17-2.2-5 (2018)
IC 31-17-2.2-5 Motion to prevent relocation; burden of proof

     Sec. 5. (a) Not later than sixty (60) days after receipt of the notice from the relocating individual under IC 31-14-13-10 or this chapter, a nonrelocating parent may file a motion seeking a temporary or permanent order to prevent the relocation of a child.

     (b) On the request of either party, the court shall hold a full evidentiary hearing to grant or deny a relocation motion under subsection (a).

     (c) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.

     (d) If the relocating individual meets the burden of proof under subsection (c), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.

     (e) If the nonrelocating parent fails to file a motion under subsection (a), the relocating individual who has custody of the child may relocate to the new residence.

As added by P.L.50-2006, SEC.7.

 

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