Can I as an unmarried mother move my son out of state if I have no court ordered custody agreement with his father?

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I moved to florida where I am from and all my family lives there taking my son from Indiana where his father lives. Can he do anything about me having already moved? We were not married and we have never been to court to arrange custody, visitation or child support.

Attorney Answers

2
Travis Vanwinkle ·
The Indiana relocation statute would control. My position would be that you were not required to file a notice of relocation if his Father is not named on his birth certificate. If he is on the birth certificate then notice would be required. However, it is not the common practice to force a parent to move back. Please understand this could be ordered depending on the particular circumstances. The longer you are gone the better the odds are you will be able to stay.
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Katherine Flood ·
I agree with Mr. Van Winkle - if paternity has never been established, then you are free to relocate without having to first seek the father's permission - or the court's. Kate Flood Indianapolis divorce lawyer
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