Legal Question in Family Law in Indiana

my right to move with my children

I have an aunt that wants to take my kids from me because I am thinking of leaving the state to live with a friend. I am not a drinker, nor do I use drugs, I may not be financially stable but I do love my kids, and am worried that if I try to leave the state she will take them. I also am worried because she has lots of money, and I basically have none. I am not sure where to begin with lawyers, and what other questions to ask, but I am worried, I love my kids.


Asked on 4/06/04, 11:18 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: my right to move with my children

Unless your aunt has been granted custody of your children or has been appointed the guardian of their persons, your aunt has no control over where you and your children reside. The father of your children may have some control due to the requirement that once the parents are divorced or paternity has been established, the custodial parent is required to petition the court for authority to move out of state with the children before doing so, but no other person has such a right. If you as the mother happen to be under 18 and your aunt is your guardian or legal custodian, then she would have some sayso over where you reside, but if you are older, her desires should not be a bar for you, absent her being a custodian or guardian of your children.

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Answered on 4/07/04, 5:28 pm


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