Legal Question in Family Law in Indiana
My best friend lives in southern Indiana and has a 2-year-old son with her boyfriend. They are not married, but are living together. The boyfriend has proven to be a sub-par father; he rarely took care of his son when he was an infant, and now doesn't watch him when my friend needs him to. He recently was on pain medication for his back which he has become addicted to, as well as a few other prescription drugs. My friend left for a weekend to stay with me and when she returned, found him asleep on the couch while their son ran through the house unsupervised. Just the other day, he found his son running up the road beside their house after having "lost" him for five minutes or so. My friend would like to leave the relationship and return home to Pennsylvania with her son. Is this legal?
2 Answers from Attorneys
She has to file a specific notice with the court if there is a paternity action where she was given custody. If nothing has ever been filed in court, she can probably leave anytime, but should still consult an attorney first regarding such a move.
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