Legal Question in Family Law in Indiana
what can we do
my boyfriend's ex girlfriend whom he has a 4 year old son with, took their son to arizona without any notice. neither of them have custody according to a court. can we do anything to get his son back to indiana?
1 Answer from Attorneys
Re: what can we do
Father needs to file a custody petition in the local juvenile court or circuit court and do so within 3 months of Mother leaving. Indiana remains the child's homestate for only 6 months and once a parent moves out of state with a child, the courts must determine which state should have jurisdiction. That law instructs that when a child has been in a state for less than 6 months, the judges should look at which state he has been in for the longest period of time. If paternity was not established by affidavit at the time of birth, he also needs to request that paternity be established. If there was an affidavit done at the time of birth, he needs to attach the affidavit to the petition.