Hello,

I am a single mother with an 8 year old daughter. I am conisdering moving in a year out of state with my daughter. Her father and I have never been married. She sees her dad from time to time due to fact that he is a musician and travels a lot. I am moving with my fiancé whom my daughter has a great relationship with and my duaghters father has met.

I need to know what my rights are to move from California to Indiana with her. We currently do not have a custody or child support order in place. I am not planning on filing unless that is the only way that we will be able to move.

I have discussed this briefly with her father and he has stated we would talk more in detail when the time comes but he likes to procrastinate and I don't want wait until it is too late before I have to do anything to cover myself. I don't want to be an outlaw and make it seem as if I am kiddnapping my child.

Any advice or direction is appreciated.


Lynda

You need to have a custody agreement, and really a support order. ( it is your childs's right) But if you leave with the child, without any court order and agreement, as soon as you leave, the father could, file for custody and get a order, demanding child be returned. ( he may not, but it is a risk you face)

It would be best to agree on it early and get everything in writing before any move occurs. If he can't agree then you need to go to court for custody and ask for the courts permission. You will face mediation before you go into court for custody and it can be settled there. Just be sure to have a visitation plan in place including who pays for what.

Tell him the time for discussion is NOW, and you either make an agreement, or avail yourself of a legal remedy in court. Technically your rights are equal, so expect to compromise in the interest of your child.

Two things of which OP should be aware:

1. Without a custody order in place, in most states (and I believe California is probably one of them), both parents have full custody rights. Thus, if he wanted, he could take the child and keep her now, forcing you to file for custody.

2. If you were to move with your child to Indiana now, without a custody order, that would be your right. You would not be an "outlaw", or be guilty of "kidnapping" or another crime. The father however, as noted, could file for custody in California and perhaps force you to bring her back to California. On the other hand, if he does procrastinate, and fail to file within six months of the move, he would have to file in Indiana. California would have lost jurisdiction under its version of the Uniform Child Custody Jurisdiction and Enforcement Act.