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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27198
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I need to ask a question about custody in the state of

Customer Question

I need to ask a question about custody in the state of Indiana
Submitted: 8 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 8 months ago.

Good afternoon. Can you please share with me what your question is?

Customer: replied 8 months ago.
Oh I guess I thought someone would be calling me. I moved to IN from Tennessee a year ago so my kids could live closer to
their dad. He has still not stepped up so we are wanting to move back bc my fiancé just received a job offer there. He is back and forth on giving me a straight answer and my current attorney is advising me to not go back yet. I feel like I need to add a 2nd attorney to get to the bottom of this. We have no parenting plan in place and the kids have been in my care solely for the last 3 years since we filed for divorce. I just need to know what happens if I go ahead and move back.
Expert:  FamilyAnswer replied 8 months ago.

Thank you and please allow me a moment to respond

Expert:  FamilyAnswer replied 8 months ago.

Who were the kids awarded to in the divorce?

Customer: replied 8 months ago.
The divorce has never even been finalized bc we have never had a court date nor have we pushed for a court date bc he has never really expressed much interest in the kids. When I moved to TN at the beginning of the divorce he signed that agreement which stated I was allowed to move to TN but apparently now he thinks that signature is not valid since we have lived back in Indiana for more than 6 months. At least that is what his attorney is telling him.
Expert:  FamilyAnswer replied 8 months ago.

Thank you. The reason his attorney is likely saying this, because if you have lived there for more then 6 months, it can be argued that is the home state of the child and there is established residency. Absent a court order or agreement, you have just as much right to the child as the father, since the child was from the marriage. In a situation like this, if he previously allowed you to relocate out of State and then you moved back and established residency, he may try and argue what he is now, that the previous consent is no longer in effect.If your attorney has advised to not move back yet, it is because they do not want him to claim custodial interference and that you are taking away and interfering with his legal rights as a father. Moreover, if you filed for divorce there and the court has jurisdiction, I am inclined to believe there is something which prevents parties from relocating without permission as well.

Customer: replied 8 months ago.
I am asking what happens if I move back against advice? He is saying he can file a restraining order or call the law and claim kidnapping
Expert:  FamilyAnswer replied 8 months ago.

If you move, he will likely proceed through the court and try and get a court order, to force you to return with the child. As far as kidnapping, that is a criminal act and the State would need to get involved but without anything in effect, as a court order, the State may not prosecute since it would appear to be a civil issue between parents.

Customer: replied 8 months ago.
how long can the court order to get me to return take? I ask bc he has already agreed to this and then back tracked on it so I feel like if I go ahead and move he will finally just make an agreement with me. Esp if it is a lengthy process that he would have to fight.
Expert:  FamilyAnswer replied 8 months ago.

You can rely on the previous permission given and argue that you acted in good faith to try and make it work but it could not. He is going to claim you came back and establish residency there and can not just move again but the Judge will decide. It could take a few months, unless his attorney is able to get an emergency hearing on it

Expert:  FamilyAnswer replied 8 months ago.

Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

Customer: replied 8 months ago.
Ok and how fast can an attorney get an emergency hearing on it? And would that depend on them being able to personally serve me the paperwork? He has threatened to just pick the kids up from our residence or from their school so I did not plan on him having my address right away.
Expert:  FamilyAnswer replied 8 months ago.

It depends on the court. It may be something that could be heard in a week or two and they would have to place you on notice of it. Since there is a pending divorce, they could proceed in that manner.

Customer: replied 8 months ago.
What does "Place me on notice" mean?
Expert:  FamilyAnswer replied 8 months ago.

That means to send you notice of the hearing, once it is set. Typically, this is done though the mail, unless the try and have it heard ex parte and advise the Judge of the facts, since there is no time to notice you, if they can show harm to the child and immediate action is needed.

Expert:  FamilyAnswer replied 8 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!