Legal Question in Family Law in Indiana
Moving out of state without permission
4 years ago, I had a child born out of wedlock. A paternity affidavit was signed and notorized at the hospital. The father and I split up when our daughter was 1 year. We have had verbal agreements on visitation. About a year and half ago child support was ordered through a court because our daughter was on medicaid. They also ordered the father to provide medical insurance. The judge told us we would have to settle the custody/visitation on our own. 3 years later, he still has no insurance on our daughter, I have married another man 2 years ago. I have been working with my company for 2 years and they recently offered me a promotion but it will require a move to Florida. The father of my 4 year old gave me permission to leave, and now, we are less than a week away from moving he told me he changed his mind and to take him to court. My question is, since there is no custody or visitation ordered through a court, am I allowed to leave the state with my 4 year old without his permission? I am more than willing to come back for a custody battle, but I need to know if I can leave or not. We have already paid for a house and the move to Florida. Please help!
1 Answer from Attorneys
Re: Moving out of state without permission
As there is no custody and vistation order per se, it would appear that you are the person with sole custody.Notifying the child's father was certainly the prudent thing to do and in fact I believe obligated in spite of the fact that a court order does not exist.
I cannot see any why you can't proceed with your plans. Be sure to give the father information as to how he can contact the child; address and telephone number. If he wishes to block this, he may try to file a petition with the court to establish visitation asking the court to order you not to move the child until the matter is ruled on. This being so, you may wish to move and send him his written notice by certified mail after you leave.This will also place the child outside the jurisdiction.
Normally where a custody and visitation order exists, a notice must also be filed with the court. If the father objects then the court would decide. The parent moving the child also normally bears the cost of travel for visitation purposes.
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