How can I legally prevent the relocation of my wife who is having the custody of my 3-year-old daughter?

Full question:

I am a resident of Indiana. My wife is having the custody of my 3-year-old daughter. She intends to relocate to a new place, which is quite far from here. I will not be able to do weekly visit. What is the remedy available for me to prevent this relocation?

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Indiana

Answer:

In Indiana, a nonrelocating parent may file a motion seeking a temporary or permanent order to prevent the relocation of the child after receiving notice from the relocating parent. The court shall hold an evidentiary hearing and the relocating parent has the burden to prove that the proposed relocation is made in good faith. If the relocating parent satisfies his or her burden then the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child. The provisions regarding this has been provided in Burns Ind. Code Ann. § 31-17-2.2-5, which reads as follows:
 

“(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.”