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Indiana Law - What If A Spouse Wants To Move Away? If a spouse who has custody of a child wants to relocate outside Indiana or more than 100 miles from his current residence, that spouse must file a notice with the court and send a copy to the other parent. Although the judge will not prevent the party from moving, the judge may order the custody, visitation, and support orders to be modified to reflect the new situation. The court will consider the distance, hardship and expense for the non-custodial parent to travel to visit the child at the new address. The court might even order custody to be changed to the in-state resident, if the change in circumstances makes the original custody award unreasonable. Section 31-1-11.5-20, 31-1-11.5-22(d). Cases: Lamb v Wenning (1992) 600 NE2d 96, in lower court, (1991) 583 NE2d 745 (even where joint legal custody exists, a party must show that the change in circumstances makes the original custody award unreasonable; mother moving out of state may be allowed to retain custody, or may lose it, depending on all the circumstances and what is best for the child).
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