Announcement

Collapse
No announcement yet.

Child Custody unmarried Indiana

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Child Custody unmarried Indiana

    I am trying to find out my rights as a father who's girlfriend has been living with me and we had a baby together. She left the state (Indiana) and went to Illinois. I am searching to find out what my rights are as an unmarried father. I've been told being she has the baby at this time means I can't do anything...but if I were to get the baby in my possession then can I keep my baby until My attorney files suit for custody of my baby?. Does anyone have any answers for me? My baby has kidney problems and g/f didn't come back to Indiana for the baby's appt. I doubt she won't take the baby in Illinois either.
    I called dcfs..but they said ever who has the baby her or me...gets to keep the baby. One or the other I meant. I don't want to get into trouble if I get to see my baby and decide to leave with her...so long as she is in my hands. Help?? My name is on the birth Certificate. I just want my baby back..No doubt have an attorney & fileing for custody.

  • #2
    Re: Child Custody unmarried Indiana

    If the baby was born in IN, you need to immediately file for custody or visitation. You would be best to have an attorney to make sure she is properly served and the court orders her return. Once the baby has gained legal IL residence you will need to take the issue up there.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      Re: Child Custody unmarried Indiana

      Until you do as Disagreeable recommends mom has sole legal and physical custody. Any action you take to remove the child from moms custody absent a court order will put you in serious legal trouble.

      Comment


      • #4
        Re: Child Custody unmarried Indiana

        In Indiana, mother and father have equal rights on the child. The court looks at the best interest of the children to award custody. Once paternity has been established, you have the same right to custody of the child as any other married father. You have a right to request custody, visitation or child support in state court. If you are not granted custody, you can still have the right to seek visitation with your child. The court will also issue a visitation schedule, if needed. So, file a petition for custody of the child. Then demonstrate to the court that it is in the best interest of the child to place the child in your custody.
        Discuss the situation with an attorney.

        Comment


        • #5
          Re: Child Custody unmarried Indiana

          Lexus you are incorrect in that advice. Unmarried fathers do NOT enjoy the same rights as married ones.

          Comment


          • #6
            Re: Child Custody unmarried Indiana

            Originally posted by Sammysamson View Post
            I am trying to find out my rights as a father who's girlfriend has been living with me and we had a baby together. She left the state (Indiana) and went to Illinois. I am searching to find out what my rights are as an unmarried father. I've been told being she has the baby at this time means I can't do anything...but if I were to get the baby in my possession then can I keep my baby until My attorney files suit for custody of my baby?. Does anyone have any answers for me? My baby has kidney problems and g/f didn't come back to Indiana for the baby's appt. I doubt she won't take the baby in Illinois either.
            I called dcfs..but they said ever who has the baby her or me...gets to keep the baby. One or the other I meant. I don't want to get into trouble if I get to see my baby and decide to leave with her...so long as she is in my hands. Help?? My name is on the birth Certificate. I just want my baby back..No doubt have an attorney & fileing for custody.
            Since the two of you were not married, she was free to move and live wherever she wishes -=- with the child.

            Yes, you can petition for your rights as father to the child. Being an infant, unless unfitness is proved, the mother will have custody of the child. [see last sentence of next paragraph, however].

            So, you will need to launch a petition for; proof of paternity, custody, support and visitation in Illinois. Since she is in Illinois with the child, no Indiana court could obtain jurisdiction over her. Suit would have to be brought in the county in which she is living in Illinois, their Circuit (superior) court. You will, of course, present your concerns to the court about the child's health -- and if she is not properly caring for the child you will have a wedge for cusoty.

            So, line yourself up a family law attorney in the city in Illinois where she resides and prepare to present yourself there for the proceedings.

            States have recommended visitation guidelines, based upon the age of the child. Being states away (if the distance is large enough), these are modified accordingly.

            Comment


            • #7
              Re: Child Custody unmarried Indiana

              My ex girlfriend left Indiana three years ago and took our newborn child.
              I have no idea where she is but some friends of hers say she is possibly in California.
              I was never married to my ex.
              What do I do now to try to make sure the child sees me somehow as well!

              Comment


              • #8
                Re: Child Custody unmarried Indiana

                You will have to locate her and serve her with court papers. At the time you can demand a DNA test and you can demand visitation.

                Comment


                • #9
                  Re: Child Custody unmarried Indiana

                  Of course once you locate her you can always try to negotiate a solution out of court as well, and that would be preferable if at all possible.

                  Comment


                  • #10
                    Originally posted by Wenton2 View Post
                    Of course once you locate her you can always try to negotiate a solution out of court as well, and that would be preferable if at all possible.
                    An out of court resolution would be foolish in this case. OP needs a court order to give him the ability to enforce his time with his child.

                    Comment


                    • #11
                      Re: Child Custody unmarried Indiana

                      One should always at least try to agree with one's ex before heading to court.

                      There is no sense in going to court if you don' need to.
                      It often just inflames the situation.

                      tj

                      Comment


                      • #12
                        Re: Child Custody unmarried Indiana

                        She ran off across country leaving him no way to learn of his child's situation or condition. That's inflammatory.

                        Comment

                        Previously entered content was automatically saved. Restore or Discard.
                        Auto-Saved
                        Confused :confused: Embarrassment :o Stick Out Tongue :p Smile :) Mad :mad: Wink ;) Frown :( Big Grin :D Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                        x
                        Insert: Thumbnail Small Medium Large Fullsize Remove  
                        x

                        the color of a banana is... (write the answer twice with an "@" between the words)

                        widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                        Working...
                        X