Nashville, IN asked in Family Law and Child Custody for Indiana

Q: If I have physical custody and we both have split joint legal custody, is he allowed to leave state and not tell me?

I live in Indiana. My daughter’s dad has a record of abuse. We eased into visits having no overnights for a couple months at first. Now he has a gf from another state and goes there and leaves our child there and never tells me where she is, if she left state or who has her while he is working.

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1 Lawyer Answer

A: He is obligated to tell you were he will be taking your child especially if your child is “being left” with the gf. He is required to inform you why is your daughter being left with the gf. Where is he? Look in your court documents to see if the parents were given “right of first refusal”. What that means is if one parent can’t be with the child during their parenting time the other parent gets the first offer to have the child before getting a baby sitter or leaving child with a gf. If that language is not in any of your records I would file for a modification of parenting time. In that motion for modification you’ll state 1.) you want the court to emphasize that dad cannot take the child without giving you information as to where your child will be. 2). You want the language of right of first refusal added in parenting language. I believe the right of first refusal is discussed in the parenting time guidelines. Off the top of my head, I believe if he’s going to take the child outside of the courts jurisdiction (the county that your legal arguments are heard in) he is to supply you with an itinerary. I also believe he is to supply an itinerant if he takes the child out of state. But don’t get bogged down researching that. Simply file for modification of parenting time. Then ask for itinerary whenever he takes out side of the county. And ask that right of first refusal be added to the parenting time instructions. It simple. You can do it yourself.

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