Legal Question in Family Law in Indiana

back in july, my ex got married. we have 3 kids together. 2 months after she originally left me she told me that she was not coming back from kansas. the night she left for kansas she insisted (despite my arguments) that she would be coming back with my children. 6 months later she contacted me and said that i NEEDED to come and get my youngest son because she couldnt handle him and if i didnt then he would have to go somewhere. in a years time she had contacted me one time that i remember in order to talk to him. around may or june she asked if she could pick up our son and take him with her to her wedding. I agreed and asked how long they would be gone, she told me 2 to 3 weeks. I asked her again when she arrived in indiana how long until she came back through to drop off our son. she replied again that she would be gone 2 to 3 weeks. her and her fiance stayed in town for 2 more days so that I could see my other children. the day they left town, before I left for work, I asked again how long until they would be back and she again told me that she would be gone 2 weeks (i have witnesses to this). 2 weeks later (to the day, i believe) i called to talk to my children and find out when they would be returning to town. she informed me that they were already halfway through OHIO. I asked how much longer it would take untill they pulled into town. She laughed at me and said "yeah, I'm not bringing him back" I spoke to my son to make sure that he understood what was going on and asked him what he wanted. he said he wanted to come home to me. she got upset and asked what i said to make him say that. needless to say i was already upset. i asked if she was even gonna bring him back to get his belongings and she said no she didnt want to fight with me. i asked why she was doing it and the only reason was that she had been away from him for too long. before christmas my children kept telling me that they were moving to the state of washington, i should have believed them but she kept insisting that they were getting the story mixed up and that they were only going out there to visit one of her friends (i knew she had a friend living out there) and at that time i had no real reason to not believe her. she had just gotten married and her sister lives down in kansas (that is the reason she went to kansas to begin with, to get away from it all for a while and visit her sister for a while) The day after they arrived in washington I called and my oldest son got on the phone and in the middle of our conversation asked her if he could "tell him now" which tells me that she told my children to lie to me about the move. I wasnt the greatest dad when we were together but in my own opinion i was a pretty damn good dad to my youngest son and there was no reason or need for her to do things that way. I need to know if there is anything that I can do to get my son back. or preferably all 3 of my children back. my youngest son asked me on the phone when i called for new year if he had stayed with me if he would have gotten to spend christmas with me.


Asked on 1/10/11, 10:20 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

See an attorney in your community. This situation requires more information than can be exchanged in this forum.

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Answered on 1/16/11, 5:16 pm

It sounds to me like she did not comply with the Indiana Relocation Statute. I suggest that you contact a local attorney.

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Answered on 2/07/11, 9:03 pm


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