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82 Questions Answered
- Q. Can a parent in a situation where there is no court custody take a child away from other parent without kidnapping
- A: In Indiana, where there is no formal court order in place regarding custody, the mother has sole legal custody of the child and has authority to make decisions on their behalf. In order for your boyfriend to gain parenting time or decision-making rights, he will need to file a petition for custody in Indiana and ask the court to hold a hearing.
- Q. What rights does my child’s father have that will hinder/prevent my move to another state?
- A: You will need to file a "notice of relocation" with the court. The father can object to the relocation and request a hearing. If that happens, the court will hold a hearing and make a determination based on what is in the best interests of your child. The court may consider a variety of factors, including the distance involved, family connections in both locations, the reasons for your move, how the move will affect the father's parenting time and relationship with the child, etc. If the court sets a hearing, you should be prepared to present testimony and evidence showing why you believe the move to be in the child's best interest. You should also consider sitting down with an experienced attorney to help you through the process.
- Q. Question about homeschool with custody
- A: If you have sole legal custody you have the sole right to make decisions on major issues for your child - including aspects of her education.
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