BOREDnIN
recently joined
Reged: 07/07/04
Posts: 4
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We live in Indiana. My daughter had a daughter out-of-wedlock. She is now 3 years old. Paternity has been established when the child was one year old. Father paid no support for that first year and did not visit her at any time. Paid sporadically after that, and is now about 10 months behind. He has taken an interest and has been keeping the child on weekends for the past 6 months or so even though he has not paid child support. My daughter has not stopped his visitation. Due to her meeting and becoming engaged, she now wants to take the child to Oregon. She has custody of the child, the paperwork which she was given by the court was not very comprehensive. The father did not complete the required "parenting" class. Can she just take the baby and go, since there is nothing specifically in the order saying she can't? It only says he is to be given reasonable visitation. I am not condoning this at all, of course I don't want my only grandchild moving across the country, but she is set on this. Are the rules different since they were never married?
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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Can she just take the baby and go, since there is nothing specifically in the order saying she can't?
---> If you know for a fact that she is planning on moving out of state, then let the Dad know. He can file in the courts to [maybe] prevent her from relocating. AND tell him to get his but in and take that class ASAP.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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BOREDnIN
recently joined
Reged: 07/07/04
Posts: 4
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She has told him. But she is wanting to go in 3 weeks.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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Then he needs to file a motion ASAP.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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BOREDnIN
recently joined
Reged: 07/07/04
Posts: 4
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I really don't care what he does. That is his problem. I just want to know if she is going to get in trouble if she leaves. I guess the worst case scenario is she would have to come back from Oregon for any court proceedings.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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I just want to know if she is going to get in trouble if she leaves.
---> If there is a custody order in place and it has a provision prohibiting her from moving without either written permission from the courts or from the father...then yes, she can get into "trouble" and that varies by degrees.
---> The "worse case" scenario...if there is a strict provision and it is not followed and depending on the Judge...is that she could lose physical and legal custody, she could be fined, she could go to jail.
---> What she needs to do to CYA (cover her ass) is to "formally" notify the father of her intention to relocate. She needs to send him a letter (certified with return receipt and a copy for herself and the courts) outlining the the exact date that she verbally notified him of his intention to move AND her anticipated date and location of the move AND what ideas/suggestions she has for a long distance Parenting Plan.
---> By doing this, she protects herself in case he decides AFTER she moves that he wants to make a big deal about it and pursues legal action.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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BOREDnIN
recently joined
Reged: 07/07/04
Posts: 4
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OK. That's what I wanted to know. That's what the child support office told her, but wanted to confirm it. There is nothing in the custody order prohibiting her from leaving. Thank you for the reply.
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