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I need emergency tempary custody form. Indiana. No mother…

Customer Question
I need emergency tempary...

I need emergency tempary custody form

Lawyer's Assistant: Family law varies by state. What state are you in?

Indiana

Lawyer's Assistant: Have you talked to a lawyer yet?

No mother and i sign a agreement contract and notirised she left state said aint coming back

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to get custody she trying to keep him from me

Submitted: 4 months ago.Category: Family Law
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Answered in 1 minute by:
12/7/2017
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

I am terribly sorry to hear this; can you tell me if paternity has been established?

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Customer reply replied 4 months ago
no im on birth certificate
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Thanks; a few minutes please.

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Customer reply replied 4 months ago
no i waved it im on birth certificate as his father
Customer reply replied 4 months ago
we signed a agreement paper and noterized it she was to drop him off yesterday and didnt took him out of state said aint coming back custody has never been done i want to file for emergency tempary custody then go for full custody
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Under IN law, an unmarried mother has legal custody (until a court order to the contrary) unless the following steps were taken at the birth:

legal custody. For joint legal custody to exist based on a Paternity Affidavit, all of the following must be done: • Both parents must agree to joint legal custody. • Both parents must indicate their agreement to share joint legal custody by checking the two option boxes in Section F, item 1 on the Paternity Affidavit. • Both parents must sign Section F, item 1 and initial items 2 and 3 on the Paternity Affidavit. • Both parents must sign Section E of the Paternity Affidavit after July 1, 2010. • Genetic testing must be performed by an accredited laboratory. A home paternity test would not be admissible for legal purposes. • The test results must show the man who signed the Paternity Affidavit to be the biological father. • The test results must be submitted to a local health department within 60 days of the child’s birth.

please see:

https://www.in.gov/dcs/2482.htm

https://www.in.gov/dcs/files/Establishing_Paternity_.pdf

Under the UCCJEA, a federal child custody act, the home state of the child is where the child has last resided for the past 6 months; so if the father files a paternity complaint the court can order the mother to return the child to the home state; one moment please as I review your last post.

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Customer reply replied 4 months ago
wont tell me where she or my son is
Family Lawyer: LegalGems, Lawyer replied 4 months ago

A private investigator can be hired to locate them; the court can also issue an order which violated will result in contempt of court, and possibly a bench warrant.

https://www.indianalegalservices.org/node/105/general-information-about-paternity

A petition for writ of habeus corpus to return the child can be brought but that is a complex process and typically requires one to hire an attorney to ensure it is handled properly.

You can contact the local county bar for a referral to a family law attorney; the local prosecutor will also assist with paternity establishment as the state has an interest in establishing paternity for support and public policy purposes.

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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