My husband has custody of his 10 year old daughter and she lives in our home with exception of every other weekend and Weds nights until 9 during the school year and 5 1/2 weeks during the summer when she is with her mother. He mother has recently become evicted from her apartment and refuses to give an address for her or where she will be trying to take their daughter. It is because she is staying in a Motel somewhere but doensn't want her ex to know. Does he have to let her go with her mother? It states in the child guidelines in Indiana she is to give 90 day written notice to the courts and him via certified mail when she moves. We are truely concerned for her safety here. Most the places she can afford don't have the best clientel. And unfortunately we are not in a position to hire an attorney we are still paying off the one from last years custody battle.
Hello and welcome,State law does typically require that a relocating parent provide notice of the relocation. Here is a link to the applicable statute:http://www.in.gov/legislative/ic/2010/title31/ar17/ch2.2.htmlParents also typically have a legal duty to work together toward the best interests of the child and this requirement also requires that the parents keep each other abreast of changes in their living situations that may affect the child.Since the mother does not appear to be in a position to challenge your husband's actions in court, instead of filing a motion for order to show cause, your husband could notify her that he will refuse visitation until she provides an address of her whereabouts where the child will be when she exercises visitation, or retain an attorney to communicate this to the mother, along with notice that a contempt will be pursued if she does not comply with the demand.Often these steps are enough to resolve the matter without resorting to more litigation, which drives up the cost to all parties involved.
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Thank you and all the best to you,
Unfortuantly she may not be in a position to fight this but she also believes she is above any and all rules. After loosing joint custody of their daughter last fall she has continuously disregarded the judges orders. In order to help keep peace for their daughter my husband has "overlooked" her actions. She likes to fight about any and everything. I will pass this on to him but in the instance this will not work, and the police show up at our door looking for her when he denys visitaion, is there a quicker way to have her visitation changed temporarily? At this point it is about the safety of the child. For all purposes her mother is homeless.
Hello again, I will pass this on to him but in the instance this will not work, and the police show up at our door looking for her when he denies visitation, is there a quicker way to have her visitation changed temporarily?ANSWER: If she took custody somehow, your husband would typically have a basis for filing an emergency ex parte motion for custody based on his reasonable belief that the child may be in imminent danger. He should retain a local attorney if he wishes to pursue such relief though.Police officers will usually not enforce the order of custody where there is a dispute such as this, so I would be surprised if they forced your husband's daughter to go with the mother. They would typically indicate to the parents that it is a civil dispute and the mother could file a motion for contempt just as the father can.If they did turn over custody to the mother, then your husband should file an emergency motion if he reasonably believes his daughter is in danger with the mother.All the best to you and your family.
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