Legal Question in Family Law in Indiana

Can he take my child?

I have a 4 month old son. His father lived here for a while but lives in another state. He wants to come here to visit him but I am affraid that he is going to try to take off with him. Can he legally take him if I don't have a custody order? What can I do to prevent him from taking him? If he tries to take him is there something I can do now that will keep him from taking the baby? We were never married.


Asked on 10/18/04, 5:51 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Can he take my child?

The paternity laws say that until there is a court order otherwise, only the mother of a child born out of wedlock has the right to custody. Hence, if the father takes the child without your consent and agreement, he may be guilty of kidnapping. To protect yourself, I would suggest that you see your county prosecutor to have a support order established and/or paternity established so that there will be a court order determining that you have custody.

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Answered on 10/19/04, 11:18 am


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