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The mother would need the permission of the court to move the child out of state. You should be notified of the request and will be given an opportunity for your objections to be heard by the court. The court will render a decision that focuses on the best interest of the child. It will also consider your objections. Just make certain you show up for the hearing.

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11y ago

Yes it could happen. If the father's name is on the birth certificate or parentage has been established after the fact in a court of law, the father does have rights including preventing the mother from moving away if such a move would cause an undue hardship to the father's rights of visitation or illegally void any legal custody agreement . However, if the father has never visited the child, provided support or otherwise been an active participant in the child's life, the court may allow the mother to move.

You need to contact an attorney with expertise in Indiana family law for information specific to your situation.

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Q: Can the father of a child stop the mother from moving out of state if they were never married in the state of indiana?
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Does a 16 year old mother have to get the father's permission to move out of state with the baby if she is moving with her parents?

That will depend on whether paternity has been established. If the mother is not married at, or within 300 day of the birth of the child, there is no legal father unless through the court. In that case, no one's permission is needed, however the father may bring suit himself. Under those circumstances, many courts will see allowing the move is in the best interest of the child. If there already is a court order in place, you need the court's permission, not the father's permission for the move.


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If there is joint custody of the child then the father should be told by the mother where she is going with the child and for how long. If the mother wants to live in another State the courts will have to decide visitation rights. Example: The father has may have the child one or two weeks during the summer; possibly Christmas or alternative Christmas', etc. If the father does not have joint custody then the mother can leave with the child to another State without his permission, but to be fair to the child the father should be informed unless the father has a criminal record; drugs, etc., and is an unfit father.

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Does a 16 year old mother have to get the father's permission to move out of state with the baby if she is moving with her parents?

That will depend on whether paternity has been established. If the mother is not married at, or within 300 day of the birth of the child, there is no legal father unless through the court. In that case, no one's permission is needed, however the father may bring suit himself. Under those circumstances, many courts will see allowing the move is in the best interest of the child. If there already is a court order in place, you need the court's permission, not the father's permission for the move.


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