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    sswethington's Avatar
    sswethington Posts: 1, Reputation: 1
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    #1

    Oct 17, 2011, 12:54 PM
    Unmarried parental rights with father wanting to move the child out of state?
    How about if that is switched? The child was born in Indiana. Both parents are on the birth certificate and went to live with the mother's brother in Texas. After being there a year, the father wants to bring the child back to Indiana. The child (who is only 7) also wants to come back to Indiana. Does that father need to file something in Texas to be able to bring the child back? Or would he need to file something in Indiana?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 17, 2011, 01:25 PM
    What courts decided on the move?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 17, 2011, 02:36 PM
    Quote Originally Posted by sswethington View Post
    How about if that is switched? The child was born in Indiana. Both parents are on the birth certificate and went to live with the mother's brother in Texas. After being there a year, the father wants to bring the child back to Indiana. The child (who is only 7) also wants to come back to Indiana. Does that father need to file something in Texas to be able to bring the child back? Or would he need to file something in Indiana?
    The parents live together, and with the child, in Texs?

    Now the father wants to take the child away, leave the mother, and move to Indiana?

    Assuming there is no custody order in place (or case pending), the father can do that. But since Texas is not the child's "home state", the mother would be able to file in Texas for custody at any time within the six months after the child is removed from there. Conversely, the father won't be able to file in Indiana until that six month period is over.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 17, 2011, 02:57 PM
    I gather that there was never any court orders for custody. Given that, the father has equal custody and can move. But as AK said, if the mother files for custody in TX before the father can establish residence in IN then the child can be brought back to TX.
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