No, its not even remotely possible that his mother and sister can take you to small claims court over what they bought for the baby.Also he's trying to tell me his mother and sister are going to take me to Small Claims court over the baby clothes they bought for my daughter. Is this even possible?
Sometimes. I don't know about Indiana, but in my experience and according to my attorney, w/out a court order for custody - while mom has presumed custody, if Dad has the child and refuses to return him/her, it's usually going to take a trip to court to get the kid back.Just to double check on this as well, if he tries to keep her from me can I get the police to go over there with me to get her back?
I agree....however, if you move up the chain of command with the police in Indiana, (be a really squeeky wheel) eventually you can get the police to assist.Sometimes. I don't know about Indiana, but in my experience and according to my attorney, w/out a court order for custody - while mom has presumed custody, if Dad has the child and refuses to return him/her, it's usually going to take a trip to court to get the kid back.
In Indiana an unwed mother has sole legal and physical custody until a court orders otherwise. Its irrelevant if dad's name is on the BC or not.OP - does dad's name appear on the birth certificate? are there any court orders establishing paternity? child support? parenting time?
That's generally the best solution until court orders can be made....assuming that the dad is threatening or is likely to make a snatch.The thought process behind it was that if dad's name didn't appear on the birth certificate, she would have a better chance of using police services to retrieve her child.
I'm not an advocate of withholding a child from another parent. But, if there is no legal court orders that would ensure the safe return of the child, then I would suggest supervised visits with the child.