Legal Question in Family Law in Indiana

Child Custody

what can i do as the mother of a 16 yr old whos father is trying to move to a different state with her and her sister when the 16 yr old wants to stay with me. And he plans to leave her in kentucky untill he can make it back to get her?


Asked on 7/01/09, 10:41 pm

2 Answers from Attorneys

William Nesmith Dunlap & Nesmith, LLC

Re: Child Custody

You should go straight to an attorney and get into court to stop this, if that is what you want.

Your daughter's father is free to move anywhere he wants, but your time with your daughter and her best interests are factors in whether she should move with him or stay with you.

Also, at 16, she is old enough to tell the judge where she wants to live, and have the judge take her wishes into consideration. (There is no age before 18 when a child's wishes determine where he or she lives.)

There are a lot of things to consider here--how far they're moving, how it will impact your relatinship with your daughter, what her wishes are, the reason for the move--so go see an attorney before it's too late to do anything about it.

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Answered on 7/02/09, 12:15 am

Re: Child Custody

Indiana has a relocation statute that must be followed by him. Additionally, if he is not following it, you can obtain a restraining order to prevent the relocation.

You cna also seek a modification since he is moving ans your daughter wishes to stay with you. You need to hire counsel asap.

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Answered on 7/02/09, 7:16 am


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