QUESTION

My husband and I live together but he took my 4 year old son out of state to Florida what can I do

Asked on Sep 04th, 2022 on Family Law - Indiana
More details to this question:
My husband and I live together but he took my son to Florida with out my permission what can I do
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1 ANSWER

Collaborative Family Law Attorney serving Brownsburg, IN
2 Awards
If you are married, there is no prohibition at all for either of you to travel with your child, at least within the U.S.  Both of you have an equal right to child access.  If Dad took the child on vacation, obviously he's coming back, but your message sounds like you are concerned he is not going to return. If that is the case, then you may want to consider filing for a legal separation or dissolution of marriage.  You will want to consult provision of the Uniform Child Custody Jurisdiction Act (UCCJA) in the Indiana Code.  A review of those statutes will show that if you wait too long there may be a problem with Indiana being found to be the child's "home state" for jurisdiction purposes.   Portions of the relocation statute also may come into play if Dad's move to Florida is permanent. There is nothing in your message about Dad taking the child's passport or being a flight risk, but if that is an issue, you will want to consult a local attorney ASAP to request an immeidate hearing on the issue of custody.
Answered on Sep 05th, 2022 at 11:02 AM

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