Legal Question in Family Law in Indiana
I'm recently divorced. I have joint legal custody and full physical custody of my 14 year old son. His father has a recent OWI (2nd drinking offense within 15 years) with Child Endangerment (our son). His recent charge is a felony conviction, however, it is to be reduced to a misdemeanor with good behavior.
I want to marry a man in the military stationed in Hawaii. Can I just marry him and move with my son? Will I be in violation if I do? If his father brings me back for a court date and a fight for custody, what should I be prepared for? What can I and can't I do? I know there is a 90 day petition of some sort, but must I wait to go to my husband with my son?
2 Answers from Attorneys
Can I just marry him and move with my son?
Not without filing the proper notice with the court
Will I be in violation if I do?
Of the law prohibiting this, yes. Probably of your settlement agreement or decree as well.
If his father brings me back for a court date and a fight for custody, what should I be prepared for? What can I and can't I do?
This is why you need to talk to a family lawyer in your community NOW about this issue.
I know there is a 90 day petition of some sort, but must I wait to go to my husband with my son?
Yes
I agree with Jay for the most part. You do need
to discuss your case with counsel asap.
He or she can discuss how long
you may have to wait. Please
see my blog concerning relocation at www.todayslawalert.com
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