Family Law Questions? Ask a Family Lawyer Online.
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Is the father on the birth certificate?
Does the father own the home or is he the primary tenant?
And they are not married, correct?
Ok, if the father is the one who is the tenant and the mother just lives with him as a girlfriend, then he can legally terminate her tenancy and force her to leave with a 30 day written notice and then by evicting through the courts if she doesn't move out.
But as for custody, if father is on the BC, then they both have exactly equal custodial rights to the child. So whoever has the child has a legal right to do so. One parent can't force the other one to give up the child if they have them without a court order.
So if mother has the child and moves elsewhere, father can't force her to return the child. And if father has custody of the child and he evicts mother, she can't force him to deliver the child to him.
The only way for one of them to force the other to do anything regarding the child would be to file a formal paternity case in court and then have a judge order a DNA test to confirm paternity and then enter a custody/visitation order.
So if mother takes the child and moves to IN, there is nothing that father could legally do right not to stop her..
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