Section 31-17-2.2-6 - Temporary order to restrain or permit relocation(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(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:(2) in addition to; the temporary relocation of the child when issuing a final order.
Amended by P.L. 186-2019,SEC. 15, eff. 7/1/2019.As added by P.L. 50-2006, SEC.7.