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    WEAVER161's Avatar
    WEAVER161 Posts: 3, Reputation: 1
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    #1

    Aug 15, 2010, 06:35 PM
    How long in the state of Indiana does the parent have to be gone?
    How long in the state of Indiana does the parent have to wait to file against the other for abandoning their child? It's only been a week, but the child constantly ask for her mother. She is about 1 and half years old and misses her mother. Her father needs to know how long he has to wait before he can do something through the courts to make sure she can't just walk in and take their child.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Aug 15, 2010, 06:39 PM

    Are they married? If so then he will have to file for divorce and custody with support. If not married then he will have to file for custody and support.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 15, 2010, 06:57 PM

    He can file for custody now, ( he could have filed for custody when she was there if they were breaking up)
    So assuming he is not planning on taking her back , he files for custody, if married he files for divorce also.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 15, 2010, 07:10 PM

    There is a sticky note at the top of this forum that deals with abandonment. She did not abandon the child, that is a criminal offense that refers to leaving the child without adult supervision.

    What it sounds like you really want is to terminate the mother's rights. There is another sticky that deals with that. Bottom line, it ain't going to happen. Read the sticky to find out why.

    What you CAN do, is file in court for FULL PHYSICAL and LEGAL custody. This will prevent the mother from just waltzing back in and taking the child. However, if you do that, she may fight it in court, and, at this point in time, probably win.
    WEAVER161's Avatar
    WEAVER161 Posts: 3, Reputation: 1
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    #5

    Aug 16, 2010, 01:35 PM
    Yes they are married, but she left telling her 1 and half year old daughter that she
    Yes they are married just over a year now. She left telling her daughter she wasn't her mother. She hasn't been back and it's barely been a week now. It's not the first time she has done this. She don't want the child and wants to sign her rights away or so she says. I'm just trying to see what my son can do to stop her from just coming back in anytime she wants to take the child just to hurt him. She don't have a job or a home to take her to. She legally changed her name and disowned her family. She has threatened suicide as well. He will be filing for a divorce, but don't know where she is to send her the papers. He don't and won't let her sign away her rights. He don't want support either. He want's her to be apart of their child's life.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 16, 2010, 01:46 PM

    Please don't start a new thread for a follow-up. Use the Answer This Question options. I've merged your threads for you.

    I answered your question. He can apply for FULL custody as a result of the divorce.
    WEAVER161's Avatar
    WEAVER161 Posts: 3, Reputation: 1
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    #7

    Aug 16, 2010, 02:24 PM
    Oh sorry, and thanks I didn't know how to reply. Again sorry.
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