Legal Question in Family Law in Indiana

my daugther has sole legal custody of her son acording to indiana law. they were never married and never lived together. the father only has vistion once a wk for 4 hours and every other weekend for 48 hours and to pay child support as set by the court. the father keeps taking off out of state with him with tell the mother intell after he has left and wont tell her where he is at or when he will be back. she has been told by soom police officers there nothing that can be done since he has vistion. and other officers have told her since she has sole legal custody and he has no custody rights set by the courts that he cant leave the county let aloan the state. and if he does that this is call parental kidapping.we would like to know which is right so she doesnt get her self in trouble for anything. she or us cant afford a attorney. thank you for time and help steven


Asked on 12/17/09, 8:17 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

If he has failed to return the child at the conclusion of his parenting time, whether he went out of state or not, he can be held in contempt. If he has done this more than once, get an attorney to file a contempt action against him with a request to modify his parenting time, and don't permit any visitation until you go to court. If she is truly worried about her child's safety, she should do this even though there is a small chance she could be jailed for her contempt. Don't just stop the visitation without filing something.

If her child is in danger, she can't afforf NOT to talk to an attorney. If the baby needed medicine to save his life, you'd figure out a way to get the medicine.

Good luck.

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Answered on 12/23/09, 10:50 am


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