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If a couple aren't married and have a child together, can…

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If a couple aren't...

If a couple aren't married and have a child together, can the mother take her child and move to another state without the father's permission? He said he would file kidnapping charges on me. This is in the state of Indiana.

Lawyer's Assistant: What steps has he taken? Have they filed any papers in Indiana family court?

No, not yet. He's an alcoholic. And he is being mean. Gets this way all the time. Tired of it! I'm just asking for near future reference. If we split up, I don't want our son to be around him unless he has supervised visits. Also, I'm just afraid that I may have to move back home to Ohio if I can't make it on my own. My family lives in Ohio.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

No

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

Not at this time. And I'd rather text than get a phone call. I don't want him knowing.

Submitted: 6 months ago.Category: Family Law
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Answered in 2 hours by:
3/18/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 6 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 195
Experience: Attorney
Verified
Generally, both parents have joint legal custody of their children. So one parent can’t relocate that child without the other parent’s permission. Unless there is a court order awarding you sole custody. If at some point if you do decide to file for custody the court can enter orders once the case is finalized regarding custody (physical custody, that is who and where the child will live most of the time and legal custody, that is who can make decisions). Legal custody can either be sole, which is one parent has all the decision making authority, or joint where both parent’s have decision making authority. The court will also enter orders regarding visitation for the non-custodial parent. Supervised visitation is an option that the court can enter if they are concerned that a parent should be monitored during their parenting time. At that time if it Brough to the court’s attention orders can be entered regarding one parent’s ability to relocate. If not then it can be addressed later. I advise parents that are going through custody cases that regardless of what you think of the other parent, and what you want once you file the case and it gets before a judge to render a decision the judge has the discretion to enter whatever they see fit for the best interest of the child. It’s not always possible but it’s best for parent’s to try and co parent and come to agreements when possible. I know that is not always the case, and if so then the court is the appropriate avenue to address that dispute.Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.
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Family Lawyer: N.Brown ESQ, Lawyer replied 6 months ago

If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). It cost you nothing additionally to do so. The experts who answer your questions are independent contractors, and customer ratings are the only way we are compensated for our responses. Thanks, ***** ***** hope everything works out to your satisfaction.

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