§ 31-17-2.2-6 — Temporary order to restrain or permit relocation

Indiana § 31-17-2.2-6

• Jurisdiction: Indiana
• Art. 17: FAMILY LAW: CUSTODY AND VISITATION
• Ch. 2.2: Relocation

Text

(a) If a nonrelocating parent files a motion
under section 5(a)(3) of this chapter, the court, after notice and an
opportunity to be heard or after compliance with Trial Rule 65(B), may
grant a temporary order restraining the relocation of a child or order the
child to be returned to the nonrelocating parent if the court finds:
(1) that the notice required under section 3 of this chapter was not
served in a timely manner and the parties have not presented an
agreement regarding the relocation of the child;
(2) that the child has been relocated without:
(A) the appropriate notice;
(B) an agreement between the parties; or
(C) a court order; or
(3) from an examination of the evidence presented at the
temporary hearing, that there is a likelihood that, after a final
hearing, the court will not approve the relocation of the child.
(b) The court may grant a temporary order permitting the relocation
of the child pending a final hearing if the court:
(1) determines that the notice required under section 3 of this
chapter was provided in a timely manner;
(2) issues orders that may be necessary for temporary custody,
parenting time, support, and grandparent visitation with the child;
and
(3) reviews the evidence presented at the temporary hearing and
determines that there is a likelihood that, after the final hearing,
the court will approve the relocation of the child.
(c) If the court issues a temporary order authorizing the relocation
of the child in its final judgment, the court must consider factors:
(1) other than; or
(2) in addition to;
the temporary relocation of the child when issuing a final order.

Legislative History

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.15.