QUESTION
Can my current wife take off with my 11 year old son to other state without my consent?
Asked on Jan 31st, 2017 on Child Custody - Indiana
More details to this question:
My wife and I along with our 11 year old son have lived in our state now for 3 years. She keeps threatening to leave me and take our son to the state where we used to live because that's where all of her family lives. She seems to think that she can without whenever she wants to. Nothing has been done through the courts so there are no court orders for custody or anything for that matter. Should I be worried of the possibility that I might come home one day and find that she's left the state with my son?
1 ANSWER
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
You have two separate questions: Can my current wife take off with my 11 year old son to other state without my consent? Yes. Neither of you need permission of the other one to drive your child to school, the store, to the next town, or the next state. Her intent not to return has nothing to do with it. Should I be worried of the possibility that I might come home one day and find that she's left the state with my son? If she is threatening to do this, then yes. But the worry would be solved by your filing a divorce action now, or immediately upon her departure from the state. Court orders to have a child returned can be enforced interstate.
Answered on Apr 06th, 2017 at 7:32 AM